A 



EIiSTORY OF Texas, 



'ROM THE EARLIEST SETTLEMENTS TO THE YEAR 1885; WITH AN 

APPENDIX CONTAINING THE CONSTITUTION OF THE STATE 

OF TEXAS, ADOPTED NOVEMBER, 1875, AND 

THE AMENDMENTS OF 1883. 



FOR USE m SCHOOLS, AXD FOR GEXERAL READERS. 



BIT 



H. S. THRALL, A.M. 




\v 



■ ... •-V 

AUG 6 TS85J 

NEW YORK: 
UNIVERSITY PUBLISHING COxMPANY. 




\ 



\ 



Copyright, 1876, 
H. S. THRALL, 



Copyright, 1885, 
UNIVERSITY PUBLISHING CO. 



***8<H. 



PKEFACE. 



■♦♦♦ 



In this volume the aim of tlie author has been to give a 
clear, concise, and accurate history of Texas. The book is 
designed for the scliool-room as well as for the general 
reader. This design precluded elaborate discussions and 
minuteness of details. Only important facts and incidents 
are noted, and these are condensed into the smallest practi- 
cable compass. 

In preparing this history, the author has freely consulted 
the works of Yoakum, Kennedy, Foote, Holley, and all 
other reliable sources of information bearing upon the sub- 
ject. He has also conversed freely and fully with many of 
that large and honorable class, now so rapidly disappearing 
from the walks of the living — The Texas Veterans. 

It has been the good fortune of the writer to enjoy the 
personal friendship of nearly every one who has filled the 
executive chair, from the organization of the government to 
the present time, including Governors Smith and Eobinson, 
appointed by the Consultation in 1835 ; President Burnet, 
of the government ad interim; all the Presidents of the 
Eepublic previous to annexation, and the Governors of the 
State since that period. He cherishes for these great and 
good men a profound veneration, and would earnestly com- 
mend to the youth of the State the study of their lives, and 



PREFACE. 



an ardent attachment to the political institutions they have 
bequeathed to posterity. 

The history of Texas possesses a peculiar interest. The 
contests for the possession of the country; the grand old 
mission structures erected for the conversion of the natives; 
the numerous changes of government, give to our history 
an air of romance. 

In the summary of events in this volume these interest- 
ing topics are only briefly noticed; but it is hoped this re- 
cital will stimulate many to a more thorough investigatiou 
into the heroic period of our history. 

H. S. Thrall. 

San Antonio, Julyl, 1876. 



CONTENTS. 



PERIOD I. 

THE ESTABLISHMENT OF MISSIONS — FROM 1685 TO 1819. 

Section I.— Landing of La Salle— Loss of his Ships— Erects Fort St. 
Louis — Starts for Illinois by Land — Assassination — Fort St. Louia 
destroyed 11 

Section II. — The Spaniards in Texas— El Paso — Santa Fe — De Leon 
— Indians Conciliated — French Captives Eecovered — Indian 
Tribes 13 

Section III. — Object of the Spanish Missions — Land Donations to 
Missions — Mission Churches — Indians Domesticated — Presidios. . 15 

Section IV. — Dates of Principal Missions — San Antonio a Presidio- 
Immigrants from Canary Isles — La Purisima Concepcion — Our Lady 
of Eef uge — Missions Secularized 16 

Section V. — The French again in Texas — The Country given to Cro- 
zat by Louis XIV. — St. Denis's Expeditions — Belisle and La Harpe 
on Matagorda Bay — Texas Garrisoned by the Spaniards 18 

Section VI. — Indian Coalition to expel Europeans — Defeated by St. 
Denis — Louisiana Ceded to Spain — Retroceded to France — Sold to 
the United States — Condition of Texas at the Close of Eighteenth 
Century 21 

Section VII. — Spanish Jealousy of the United States — Nolan and 
Bean — Arrest of Pike and Freeman — Hostile Forces on the Sabine — 
Cordero and Herrera— Neutral Ground 23 

Section VIII. — Magee's Expedition — Bernardo Gutierres — Republi- 
can Army of the North — Republicans in Goliad — Kemper — Perry— 
Fight with Salcedo — Battle of Rosillo — Deed of Horror — Battle of 
Alazan — Battle of Medina — Cruelties of Victors 25 

Section IX. — Affairs at Galveston — The Island Occupied by Aury 
— Expedition to Soto la Marina — Fate of Perry and Aury — The 
Pirate Lafitte 31 

Section X. — Long's Expedition — Garrisons in Eastern Texas — Ex- 
pelled by Perez — Returns to Texas — Takes Possession of Goliad — 
Assassinated in Mexico 33 

Section XI.— Early Public Roads— Origin of the Name of Texas- 
Names of Rivers — Population — Treaty between the United States 
and Spain 1 36 



6 CONTENTS. 

PERIOD II. 

COLONIZATION UNDER EMPRESARIO GRANTS — FROM 1820 TO 1834. 

Section I. — Robert Owen's Application Rejected — Grant to Keene — 
Moses Austin at San Antonio — Obtains a Grant — His Death 40 

Becttion II. — Austin's first Colony — Stephen F. Austin enters Texas — 
Chooses Location for a Colony — Schooner "Lively" lost — Arrival of 
first Colonists — Austin in Mexico — Obtains other Contracts 43 

Section III. — Other Colonial Grants— Edwards's DiflBculties — Fredo- 
nian War — Grants to Zavalla — to Velielin and Burnet — Galveston 
Bay Company — De Leon's Colony — Grant to De Witt — to Hewitsoii 
and Powers — to McMullen and McGloin — toLeftwich, Milam, etc. 44 

Section IV. — Colonization Law — Cost of Land to Immigrants — Quan- 
tity to Each — Land Bonuses — Town Lots to Mechanics and Mer- 
chants — Premium Lands to Empresarios — Land Commissioner.. . 49 

Section V. — Progress of Settlements — Slavery — Austin's Authority — 
Texas joined to Coahuila — Political Chiefs — Representatives — Civil 
Officers — Appellate Court — Taxation 52 

Section VI. — Indians — The Caranchuas — The Comanches — The 
Smaller Tribes — The Keechies — The Intrusive Tribes — Scalping of 
Wilbarger — Number of Indians in Texas 56 

Section VII. — 111 Treatment of Colonists — Arrest of Padilla and 
Madero — Bustemente's Proclamation — Mexican Garrisons in Texas — 
Trouble at Anahuac — Fight at Velasco — at Nacogdoches — Mexican 
Soldiers leave Texas 59 

Section VIII. — State of the Colonies — Convention of 1833 — Austin 
sent to Mexico — Revolution in Coahuila — Austin in Prison — Almonte 
in Texas — Political Parties — Live Stock — Agriculture — Commerce — 
Education — Churches 64 

PERIOD III. 

the revolution — THE TEARS 1835 AND 1836. 

Section I. — Troubled State of the Country — Despotism in Mexico — 
Legislature of Coahuila Dispersed— No Civil Government in Texas 
— Administrative Council — Austin's Return— Mexican Soldiers in 
Texas— Proscribed Patriots— Affairs at Gonzales— Capture of Goliad 
— of Lipantitlan 71 

Section II. — Civil Government — General Consultation— Provisional 
Government Instituted— Austin Appointed Military Commander — 
Battle of Concepcion — Capture of San Antonio— Trophies of the 
Victory 75 

Section III. — Executive Council— Convention of 1836 — Declaration 
of Independence — Government ad interim — David G. Burnet, Presi- 
dent — Condition of the Texan Army 82 



CONTENTS. 7 

Section IV. — Santa Anna's Plans — His Arrival at San Antonio- 
Travis Besieged — Capture of the Alamo — Massacre of the Garrison — 
Death of David Crockett — The Child of the Alamo 84 

Section V. — Urrea in the Southwest — Mexicans at San Patricio — 
Killing of Grant — Massacre of King's Men at Refugio — Fannin 
Evacuates Goliad —Battle of Coleta — Fannin and Ward Surrender — 
The Massacre at Goliad 90 

Section VI. — San Jacinto Campaign — Santa Anna Advances in Three 
Columns — Houston's Retreat from Gonzales — Crosses the Brazos at 
Groce's — Camps at the Mouth of the San Jacinto — Santa Anna at 
New Washington — Skirmishing on the 20th of April 94 

Section VII. — Battle of San Jacinto — Strength of the Two Armies- 
Battle-cry of the Texans — Furious Charge of the Texans — Total 
Rout of the Enemy — Capture of Santa Anna 99 

Section VIII. — Retreat of Filisola — Strength of his Army — President 
Burnet on the Battle-ground — Houston Wounded — Yields the Com- 
mand to General Rusk — Treaty with Santa Anna — Condition of 
Affairs in Eastern Texas— Arrival of General Quitman — General 
Gaines — Texas Navy 101 

Section IX. — Embarrassments of the Country — Treatment of Santa 
Anna — Dissatisfaction in the Army — Diplomatic Relations with the 
United States — Election Ordered —Meeting of the First Congress — 
Inauguration of Constitutional Government 105 



PERIOD IV. 

TEXAS A REPUBLIC — FROM 1837 TO 1845. 

Section I. — Houston's First Administration — He Surrenders his 
Sword — Congress — A Loan Authorized — Homesteads to Emigrants 
— Proposed Reforms — Rejection by Acting President of Mexico of 
Santa Anna's Treaty with Texas — Another Mexican Invasion Threat- 
ened — Independence Recognized by the United States — Army and 
Navy — Houston's Indian Policy — Indian Fights 110 

Section II.— Lamar's Administration — Austin made the Capital — The 
New Navy — Republic of the Rio Grande — Lamar's Indian Policy— 
Indio-Mexican League — Expulsion of the Cherokees — Fight with 
Indian Captives at San Antonio — Comanches Descend to the Coast 
— Plum Creek Fight — Moore's Fight on the Colorado — Santa Fe Ex- 
pedition — Finances 116 

Section III. — Houston's Second Administration — Improvement in the 
Finances — Raids of Vasquez and Woll— Dawson's Defeat — Removal 
of the Seat of Government — The Meir Expedition — The Navy — 
Indian Treaty — The Snively Expedition — Regulators and Mod- 
erators 126 

Section IV. — Jones's Administration — Foreign Relations — Finances 
of the Country — Annexation of Texas to the United States 136 



8 CONTENTS. 

PERIOD V. 

TEXAS A STATE OF THE UNION — FROM 1846 TO 1875. 

Section t. — Henderson's Administration — War with Mexico — Battles 
of Palo" Alto and Resaca de la Palma — Gov. Henderson in Command 
of the Texans — Lieut.-Gov. Horton Acting Governor 140 

Section H. — Wood's Administration — The Public Debt — Indian Raids 
— Santa Fe Controversy 142 

Section HI. — Bell's Administration — Sale of Santa Fe to the United 
States — New Public Buildings 143 

Section IV. — Pease's Administration — Progress of the Country — 
School Fund— Public Asylums — Additional Payment for Santa F6 
— State Aid to Railroads— The Cart War — A Full Treasury 145 

Section V. — Runnels' Administration — Acquisition of Territory — 
Indian Reservations — Indian Fights — Trouble from Cortina — Evi- 
dences of Progress 147 

Section VI. — Houston's Administration— Frontier Protection — Sup- 
posed Incendiary Fires — Political Excitement — Houston's Circular 
to other Governors — Action of the Legislature — The Convention 
Recognized — Secession — Houston Displaced 150 

Section VII. — Clark's Administration — War Measures — Texas Ports 
Blockaded 153 

Section VIII. — Lubbock's Administration — Texas Prosperous — State 
Military Board — The Arizona Expedition — Confederates Evacuate 
Galveston — Magruder Recaptures the City — Sabine Pass 155 

Section IX. — Murrah's Administration — Cotton Bureau — The Feder- 
als at Brownsville — Fight with the Kickapoos — Dispersion of the 
Confederate Army — Gen. Granger in Command 157 

Section X. — Hamilton's Administration — First Reconstruction — Con- 
vention of 1866 161 

Section XI, — Throckmorton's Administration — Indian Depredations — 
Government in Texas Provisional — Throckmorton Removed . . . .163 

Section XII. — Pease's Administration — Military Commander the Real 
Governor — Second Reconstruction — Couvention of 1868-9 164 

Section XIII. — Davis's Administration — Constitutional Amendments 
Ratified — Senators and Representatives Admitted to Congress — 
Frontier Protection — Homestead Law — Increase of Population — 
Results of a General Election — Excitement at the Capital 165 

Section XIV. — Coke's Administration — Supreme Court Re- organized 
— Constitutional Convention Provided for — Closing Remarks — In- 
crease in Population, in Agricultural Products, in Live-Stock, and in 
Aggregate Wealth — Rail road Progress — Telegraph Lines — Improve- 
ment of Canals, Channels, etc 169 

Ck)N6TITDTI0N OF THE StATE OP TEXAS 175 



CONTENTS. 9 

PART VI. 

TEN years' progress—from 1876 TO 1885. 

Section I.— Changes in State Constitution — Succession of Governors 
— State Legislatures 175 

Section II.— State Debt — State Finances 178 

Section III. — Wealth and Population — Our Public Lands — Public 
Free Schools 181 

Section IV. — State Institutions of Learning— Charitable Institutions 
— Penitentiaries 185 

Section V. — State Capitol — Railroads — Conclusion 188 

Constitution of the State of Texas 191 

Amendments to the Constitution 243 



History of Texas. 




RUINS OF THE ALAMO— 1837. 

PERIOD I. 

THE ESTABLISHMENT OF MISSIONS. 

From the Landing of La Salle, in 1685, to the Tueaty between 

THE United States and Spain, in 1819.— Texas a Province 

OF Spain. 



SECTION I. 

LAKDIN-G OF LA SALLE. — HIS SUBSEQUEl^T MOVEMENTS 

AND DEATH. 

1. The coast of Texas was visited by Robert, Cavalier de 
La Salle, on the 10th of February, 1685. La Salle sailed 

Section I.-l, When did La Salle land in Texas? At what point? What 
became of La Salle's principal ships ? 



12 MOVEMENTS OF LA SALLE. 

from France with four ships, and upward of three hundred 
persons, to phint a colony at the mouth of the Mississippi. 
Misled by inaccurate charts, the fleet sailed too far to the 
westward, and entered a bay named by the French San 
Bernardo, since called Matagorda. A succession of disasters 
befell the expedition. One of the vessels was captured by 
the Spaniards, on the outward voyage. Another was wrecked 
in attempting to cross the bar. Early in March, the naval 
commander, in a pet, sailed for France in a third. The 
Indians, at first friendly, soon became hostile, and some of 
the French fell victims to their tomahawks. 

2. To secure a more eligible site for a permanent fort, La 
Salle crossed the bay, and ascended a river which, from the 
buffalo upon its banks, he named Les Vaclies (Lavaca), 
Here he erected Fort St. Louis, since known as Dimmit's 
Point. The transfer of the colonists, and the erection of 
necessary buildings, occupied the summer months. In Oc- 
tober, La Salle, with some companions, started eastward by 
land to find the Mississippi. The only remaining vessel, the 
Belle, was sent across the bay and lost in a gale. After 
weeks of absence, in which the Colorado was discovered, La 
Salle returned and found his colony in a languishing condi- 
tion. Many were sick, some had died, provisions were be- 
coming scarce, and some of the reckless adventurers began 
to exhibit signs of mutiny. 

3. Relief must be obtained, and La Salle determined to 
cross the country to the French settlements in Illinois. 
He started on the 22d of April, 1686, with twenty picked 
men. The country was flat, and the numerous streams 
swollen by spring rains. While at a village of the Nassonite 
Indians, on the Neches [nay'-chcs) River, La Salle and his 

2. Where did he erect hie fort? What became of his only remaining vespelt 

3. How did La Salle propose to reach his countrymen? When did he start 
Why did he return to Fort St. Louis ? 



THE SPANIARDS IN TEXAS. 13 

nephew Avere attacked with fever. When they had sufficient- 
ly recovered to resume their journey, it v/as found that their 
ammunition was nearly exhausted, and it would be neces- 
sary to return to Fort St. Louis for a fresh supply. Only 
eight men survived to reach the fort, on the 22d of October. 
4. The number in the fort had also greatly diminished. 
But La Salle again started across the continent, taking, as 
before, twenty companions. They left on the 12th of Jan- 
uary, 1687. Fort St. Louis, with its small garrison of twenty 
persons, including seven women, was left in charge of Bar- 
bier, who had married one of the maidens that came out 
from France. La Salle had reached the neighborhood of 
his former encampment on the Neches, when a mutiny broke 
out, and he was cruelly assassinated by one of his own men. 
This was about the 16th of March. The feeble fort was soon 
afterwards attacked by the Caranchuas, and its inhabitants 
killed or captured. 



SECTION IL 



THE SPANIARDS IN" TEXAS. — EL PASO. — SAIS^TA FE. — DE 
LEON.— INDI AIT TRIBES. 

1. The country, thus temporarily occupied by the French, 
was claimed by the King of Spain. As early as 1582, a com- 
pany of Spaniards, under Espejo [ays-pay'lio), visited the 
upper Eio Grande, and established missions at El Paso {ayl 
pah'so) and Santa Fe. When the Viceroy of Mexico heard 
of the landing of La Salle, a small force was sent to dislodge 

4, When did he etart the second time? Give the particulars of his death. 
What became of the fort ? 

Section II. — 1. What European sovereign claimed Texas? Where had tha 
Spaniards established missions? Who was sent into Texas by the Viceroy o< 
U exico ? 



14 INDIAN TRIBES. 



bim, under the command of Captain Alonzo De Leon 
{day lay'-on). As De Leon advanced into the country, he 
took pains to conciliate the natives. He found Fort St. Louis 
in ruins, but recovered a few of the French from the In- 
dians, and humanely sent them to their friends. 

2. When Texas was first visited by Europeans, it was oc- 
cupied by various tribes of Aborigines. The Cennis, Nas- 
sonites, Nacogdo'ches, Anadaquas {ah-nali-dah'quahs), Ayish, 
Ytass'ies, Tehas {tay'-hahs), etc., inhabited the territory be- 
tween Buffalo Bayou and the Sabine. They lived in villages, 
possessed domestic animals, and cultivated patches of corn, 
beans, potatoes, pumpkins, and a variety of garden vegeta- 
bles. When La Salle reached the villages of the Nassonites, 
he was hospitably entertained, and furnished with horses and 
provisions to continue his journey. These Indians were sup- 
posed to belong to the same race with the Aztecs of Mexico. 

3. A number of nomadic tribes roamed over the western 
prairies, who subsisted by hunting and fishing. The Caran- 
chuas, a tall, athletic, and warlike race, lived upon the coast. 
The Comanches occupied the country between the Brazos and 
Guadalupe {gwhah-dah-loo'pay) rivers, with their main lodges 
on the upper Colorado. Then, as now, this tribe lived 
mostly by plunder. They have been called the *' Arabs of 
the prairies." The Apaches hunted over the highlands be- 
tween the San Saba and the Rio Grande, with their head- 
quarters about the liandiQY'd. {balm-day' -rah) Pass. The prin- 
cipal village of the Wacoes was on the Brazos {brah'zos), 
where a city of the same name now stands. The Tehuacanaa 
{tay-whak' -cah-nahs) gave their name to a range of hills in 
Limestone county. The Lipans', Ton'kawas, and Musca- 
lar'oes, were small and kindred tribes. 

2* Name some of the Indian tribes of East Texae. How did they live ? 
3* What tribe lived on the coast? Where were the main lodges of the Coman 
ches The Apaches ? Wacoes ? Tehuacanaa t 



MISSIONS. 15 



4. It has been said these prairie Indians were cannibals. 
This is probably a mistake. In their war dances, they some- 
times tasted morsels of the flesh, and perhaps of the blood, 
of their enemies. This was done to make them more cour- 
ageous. Those best acquainted with the manners and cus- 
toms of these tribes, say they never used human flesh aa 
food. 



SECTION III. 



MISSION ESTABLISHMENTS. — THEIR OBJECT. — HOW 
CONDUCTED. — PRESIDIOS. 

1. The Europeans, in coming to this continent, had two 
objects in view. Eirst, the acquisition of territory for tlieir 
respective sovereigns. Second, the conversion of the natives 
to Christianity. The establishment of missions, it was 
thought, would accomplish both these objects. Posses- 
sion of the country was secured, and many of the Indians 
received Christian baptism, and gradually adopted the hab- 
its of civilized life. In Texas, these missions were under 
the supervision of monks of the order of St. Francis. In 
the west, points were selected capable of irrigation, and a 
tract of land, several miles square, was given to each estab- 
lishment. The Eathers, with a few domestics and soldiers, 
took possession, and by persuasion or by force, Indians were 
induced to congregate in the neighborhood. 

2. A substantial house (generally of stone) was erected, 
which answered the double purpose of a place of worship in 
time of peace, and a fortress for defense in time of danger. 

4. Were the Indians cannibals? 

Section III.— 1. What object? did the Europeans propose to accomplish in 
coming to America? How did the establiphment of missions a:d them f 
3. What purposes did the mission church serve? 



16 INDIANS DOMESTICATED. 

Suitable houses were also built for the priests, and rude huts 
for the Indians, who were employed in taking care of stock, 
and cultivating the ground to supply food. In return for 
this comparatively light labor, the Indians received religious 
instruction, food, and clothing. 

3. These domesticated Indians were called In'dios redu'- 
cidos, while those who still remained in their savage state 
were called In'dios hrd'vos. If a mission proved prosperous, 
and a considerable population collected around it, it was 
erected into ix presidio, and finally into a village or city. In 
Mexico, and other States of Central and South America, these 
missions were instrumental in converting almost the entire 
native population to Christianity, and since the establishment 
of republican institutions in those countries, full blooded 
Indians have risen to the highest offices in the various de- 
partments of their respective governments. 



SECTION IV. 



DATES OF THE PRINCIPAL MISSIONS IN TEXAS. — MISSIONS 

SECULARIZED. 

1. Under the direction of De Leon, who again visited 
Texas in 1690, a mission was established at Presidio (jway- 
see'-de-o), on the Rio Grande, and preparations made for 
another, at Fort St. Louis. Missions were also projected at 
other points. In 1691, Domingo Teran succeeded De Leon 
as military commander at Monclova. Teran took measures 
to plant settlements in Texas. 

3* What name was given to domesticated Indians ? To wild Indians? How wai 
%, presidio formed ? What was the effect of these miesions in Central and Soutb 
America? 

Section IV. — 1 . In what year was the mission at Presidio commenced f 



DATES OF PRINCIPAL MISSIONS. 17 

2. In 1692, a village called Sail Fernandes (now San An- 
tonio), was begun near the head of the San Antonio River. 
Besides fathers for the missions, Teran sent into the prov- 
ince soldiers, accompanied with laborers, who brought cattle 
for domestic use, and seeds for planting. The Mission San 
Antonio de Valero was commenced on the Rio Grande in 
1703, and removed to the San Antonio River in 1715, and to 
the plaza, in the city, in 1718. In 1714, Don Domingo 
Ramon, to secure a settlement on the Guadalupe River, and 
for the irrigation of the valley, projected the Mission Nues- 
tra Seiiora de Guadalupe (Mission Valley). In 1715, Ra- 
mon also commenced missions at La Bahia {lali-lali-hee' -ah), 
Nacogdo'clies, on Ayish Bayou, and at Adaes, on the east 
side of the Sabine. 

3. San Antonio was erected into a presidio November 28, 
1730, and the next year, under orders from the King of 
Spain, citizens for the new city were brought from the Ca- 
nary Islands. The transportation of sixteen families, con- 
sisting of fifty-seven persons, cost the royal treasury $72,000. 
On the 5th of March, 1731, was laid the foundation of La 
Purisima Concepcion, and during this period of prosperity, 
the Missions la Espa'da [lali ays-imh'-dah), San Juan, and 
San Jose were commenced. The foundation of the Al'amo 
was laid in 1744. 

4. In 1734, a mission was established among the Co- 
manches on the San Saba {sah'bah) River. In 1758, a rich 
silver mine was discovered in the neighborliood. This col- 
lected a large number of miners. The miners and the In- 
dians quarrelled. To avenge some real or fancied wrong, at 

2. In what year was San Antonio settled ? When was the mispion San Antonio 
commenced ? When was it located in the city ? What mission was projected in 
1714 ? What missions were commenced in 1715 ? 

3. WTien was San Antonio erected into a presidio ? Give the date of the fonnda 
tion of the mission Concepcion. The Alamo. 

4. When was the San Saba mission established? When broken up ? 



18 THE FRENCH AGAIN IN TEXAS. 

a time when all the soldiers were absent, the savages fell 
upon the defenseless missionaries, and put them all to death. 

5. In 1778, Seiior Gil y Barbo laid the foundation of the 
old stone house in Nacogdoches ; and in 1790, the Mission 
of our Lady of Refuge, Refugio {ray-foo'-yeo), was com- 
menced. This was the last mission undertaken by the Frar,- 
ci scans in Texas. For a century they had labored for the 
civilization of the Indians. Some of their mission churches 
have disappeared. Other massive structures stil] stand, 
monuments of the religious zeal and enterprise of their 
founders. 

6. On the 8th of April, 1794, Don Pedro de Nava, Gov- 
ernor of Chihuahua {chee-ivhali'-whah), issued a decree secu- 
larizing all the Texas missions, thus transferring them from 
the control of the monastic orders to the regular clergy. 
Texas was, at that time, under the jurisdiction of the bishop 
of Guadalaxara [giuah-dah-lah-liah'-rali). In 1805, it was 
included in the new bishopric of Nueva Leon, and the 
bishop, Don Primus Feliciana Maria, paid a visit to the 
province in company with Governor Cordero. He brought 
with him a number of priests for the various missions. 



SECTION V. 

THE FRENCH AGAIN IN TEXAS. — CROZAT. — ST. DENIS. — 
LA HARPE. — BELISLE. — SPANISH GARRISONS. 

1. Under the right of prior discovery by La Salle, the 
French still laid claim to the country. By a royal chiirter, 

5. When was the stone house built in Nacogdoches ? When was mission Refngfo 
commenced ? 

6. When were the missions secularized ? What Bishop visited Texas in 1805? 
Section V.— 1, To whom did Louis XIV, of France, give Louisiana? 



CR0ZAT—8T. DENIS. 19 

dated September 14, 1712, Louis XIV. granted to Anthony 
Orozat the whole of Louisiana, inckiding all the territory 
drained by the Mississippi. Crozat was an enterprising mer- 
chant, and hoped to build up a profitable trade with the 
northern provinces of Mexico, and, if practicable, carry on 
extensive mining operations. 

2. Under the advice of Crozat, Condillac, then Governor 
of Louisiana, sent lluchereau St. Denis on a trading trip 
to Mexico. The company, consisting of twelve Frenchmen 
and a few friendly Indians, started from Natchitoches in 
August, 1714. They arrived safe on the Rio Grande, and 
were kindly received by the Spanish commander at Presidio, 
who hoped to derive a profit from the prospective trade. 
But when Gaspardo Anaya, Governor of Coahuila, heard of 
the arrival of the French, he ordered tlie whole party ar- 
rested. St. Denis did not long remain in prison, though it 
is uncertain how he obtained his liberty. He still main- 
tained friendly relations with the commander at Presidio, 
and before leaving the Eio Grande, married the daughter of 
that officer. 

3. In 1716, St. Denis again visited the Rio Grande with a 
supply of goods for traffic. This trip was more unfortunate 
than the first. The men to whom he entrusted his goods 
acted dishonestly, and he was again thrown into prison. A 
second time he made his escape, and, taking his wife with 
him, returned to Mobile, then the capital of Louisiana. 

4. In 1718, the territory of Louisiana passed to the con- 
trol of the Company of the Indies, of which John Law, tlie 

2. Who was sent into Texas? When did St. Denis leave Natchitoches? How 
was he treated by Governor Anaya ? To whom was St. Denis married ? 

3. When did he again visit the Rio Grande ? Was that a fortunate trip? 

4. What company controlled Louisiana in 1718 ? What European nations were 
engaged in war? What Frenchmen entered Texas ? With whom did La Harpe find 
a refnge ? 



20 LA HARPE—BELI8LE. 

celebrated financier, was the leading spirit. In the latter 
part of this year, Avar broke out between France and Spain. 
As soon as this was known in America, St. Denis, then in 
command at Natchitoches, in conjunction with La Harpe, 
collected a few soldiers for the invasion of Texas. The 
French expelled the Spaniards from Nacogdoches, and ad 
Tanced as far as San Antonio. Here they encountered an 
army of five hundred Spaniards, under Marquis de Aguayo, 
Avhom the Viceroy had sent to hold the Province. St. 
Denis hastily retreated to the Sabine. La Harpe, how- 
ever, remained in Texas, having found a refuge in one of 
the villages of the Nassonites. He claimed the counti-y fo7 
France, and carried on a lengthy correspondence with De 
Alarconne, the Spanish commander who succeeded De 
Aguayo. The controversy as to the ownership of Texas 
was kept up by different parties for more than a century 

5. In 1720, the Company of the Indies sent out an expedi- 
tion to plant a colony at the mouth of the Mississippi. This 
fleet, like that brought out by La Salle, was driven too far 
to the westward, and also entered Matagorda Bay. While 
the captain of one of the vessels was taking in a supply of 
water, M. de Belisle and four companions went ashore to 
hunt. The hunters overstaying their time, were deserted 
by their countrymen. Belisle found his way to a Nassonitc 
village, and contrived to send word to St. Denis at Natch- 
itoches. The fate of his companions is involved in obscuri- 
ty. The report that they immediately perished from starva- 
tion, in a country abounding in fish and game, is too incred- 
ible for belief. 

6. The next year the governor of Louisiana sent a com- 

5. What company attempted to plant a colony in Texas, in 1720 ? How came Be 
IJBle and his companions to be left? Their fate ? 

6. For what purpose did Belisle and La Harpe again enter Texas? Did they sue 
coed f Where did Governor Aguayo place garrisons ? 



INDIAN COALITION. 21 

pany, under Belisle and La Harpe, to form a settlement on 
Matagorda Bay. But while the Nassonites were friends of 
the French, the Caranchuas were allies of the Spaniards, 
and Belisle met with serious difficulties and his party soon 
returned to Louisiana, leaving Texas to the Spaniards. To 
secure the country, Governor Aguayo, in 1722, placed gar- 
risons at the most important posts: one hundred at Adaes; 
twenty-five on the Neches; ninety at the Bay of San Ber- 
nardo (Matagorda), and fifty-three at San Antonio de 
Bexar. 



SECTION YL 



INDIAN COALITION. — OWNERSHIP OF LOUISIANA.— TEXAS AT 
THE CLOSE OF THE EIGHTEENTH CENTURY^ 

1. In 1729, a number of powerful Indian tribes formed a 
coalition for the expulsion of all the Europeans from the 
country between the Mississippi and the Rio Grande. Tiie 
Natchez and associate bands, were to fall upon the French 
in Louisiana, while the Comanches, Apaches, and other 
prairie tribes, were to expel the Spaniards from Texas. 

2. The ever vigilant St. Denis, at Natchitoches, hearing 
of this coalition, did not wait to be attacked; but hastily 
collecting some troops, entered the territory of the Natchez, 
and dispersed them before they were prepared to resist him. 
The Spanish commander failed to act with equal prompt- 
ness; and for two years the settlements in Texas were har- 
rassed by the Comanches, who sometimes ventured to the 
very walls of San Antonio. But, in 1732, Governor Bustilloa 

Section VI.— 1. What league was formed by the Indians in 1729 ? 
2. What measures did St. Dennis adopt ? Did the Spaniards act with equal vigor ! 
When did BustiJlos chastise the Comanches 



22 TEXAS AT THE CLOSE OF THE CENTURY. 

organized a military expedition, entered the Indian territory, 
chastised the savages, and secured peace to the settlements. 

3. In 1762, France transferred her Louisiana iDOSsessions 
to Spain. This was a fortunate change for Texas, as all re- 
strictions heretofore existing were removed from trade, 
which was freely carried on across the Sabine. Texas was 
attached to the Intendency of San Luis Potosi {po-to-see), 
commerce extended in that direction, and, upon the whole, 
this was an era of quiet and prosperity. In 1800, Spain 
retroceded Louisiana to France, and in 1803, Bonaparte 
sold it to the United States. 

4. At the close of the eighteenth century Texas had no 
seaport, though her bays were occasionally visited by pirati- 
cal vessels belonging to the buccaneers. On the Rio Grande, 
the towns of Presidio and El Paso had a settled population, 
and enjoyed many of the luxuries of life. Wheat was ex- 
tensively cultivated ; grapes grew luxuriantly, and the 
inhabitants were well supplied with garden vegetables and 
fruits. The interior of the country had a population esti- 
mated at about six thousand, of which one third were in 
San Antonio ; and there were permanent settlements at 
Goliad, Nacogdoches, and some other points. Almonte 
estimated that at this period one hundred thousand cattle, 
and forty thousand horses, grazed upon its broad prairies. 

5. But Texas was connected with Mexico, and under the 
dominion of a Spanish Viceroy, and Mexico herself already 
began to exhibit premonitory signs of a coming revolution. 
She felt the influence of the young republic which had 
grown up in North America, and was further affected by 

3. To whom was Louisiana transferred in 1762 ? When was it again retroceded tc 
France ? When sold to the United States ? 

4. What vessels entered the harbors of Texas ? What is said of the number and 
condition of its inhabitants at the close of the eighteenth century ? 

5 . With what was Mexico threatened ? Why ? 



SPANISH JEALO U8T. 23 

the changes which the career of Bonaparte was producing 
in Europe. The Spanish authorities viewed the Unitec 
States with distrust, especially after that government had 
acquired Louisiana and revived the French claim to Texas. 



SECTION VIl. 



SPANISH JEALOUSY OF THE UNITED STATES. — PHILIP NOLAN. 
— PIKE AND FREEMAN. — CORDEEO AND HERRERA. — 
WILKINSON. — HOSTILE FORCES ON THE SABINE. 

1. The increasing prosperity of the American republic and 
the claim that Texas was included in the purchase of Louis- 
iana, excited the jealousy of the Spaniards, who adopted a 
most proscriptive policy. They forbade any citizen of the 
United States from entering Spanish territory without a 
passport, and that could be obtained only by persons whose 
object was scientific ey,ploration. This hostile feeling was 
well expressed by Dor*. Salcedo, general of the Eastern In- 
ternal Provinces, who said that, "had he the power, he 
would stop even the birds from flying across the boundary 
line between the United States and Mexico." 

2. Notwithstanding the hostility of the Spaniards, Am 'ri- 
cans occasionally entered Mexican territory. In 1800, Philip 
Nolan, Ellis P. Bean, and eighteen others left Natchez, 
Mississippi, avowedly to hunt wild horses in Texas. The 
Spanish Viceroy, believing that Nolan was engaged in 
some enterprise much more important than catching mus- 
tangs, sent word to the commander at Nacogdoches to arrest 

Section VII. — 1. How did the Spaniards regard the Americans? What did 
Balcedo say he would do if he had the power ? 
2. What party of Americans entered Texas in 1800 ? For what purpose ? 



24 PHILIP NOLAN. 



him. Nolan evaded arrest by entering Texas higher up the 
country. 

3. Arriving on the high prairies, between the Trinity and 
the Brazos, Xolan halted, erected a block-house, and com- 
menced his preparations for securing a supply of horses. 
Here, on the 21st of March, 1801, he was discovered by 
Lieutenant Musquez, who, with about one huudred soldiers, 
had been dispatched from San Antonio for his capture. 
Nolan fell, mortally wounded, at the first fire. After con- 
tinuing the fight for some time, Bean, upon whom the com- 
mand devolved, surrendered, upon the promise that he and 
his party should be conducted back to Nacogdoches, libera- 
ted, and sent to the United States. But instead of being re- 
leased, they were put in chains and marched on foot to the 
Rio Grande. Here they were long kept in different prisons, 
and it is believed Bean was the only one who ever revisited 
his native country. 

4. In 1S06, Lieutenant Zebulon M. Pike, of the U. S. 
Army, while out on an exploring tour towards the head- 
waters of the Rio Grande, was discovered by the Mexicans, 
arrested, deprived of his papers, and sent home under an 
escort who acted as spies upon his conduct. The next year. 
Colonel Freeman, sent out by President Jefferson to explore 
the Red River country, was also discovered by the Mexicans, 
arrested, and sent home. 

5. To make sure of the possession of Texas, in 1805, Gov. 
Don Antonio Oordero advanced from La Bahia (now Goliad) 
to the Sabine with a military force to hold the country. 
The next year he was joined by Manuel de Salcedo, Captain 



3. VHiere did Nolan's party erect their block-house ? When was Nolan killed 1 
What became of his companions ? 

4. How was Pike treated by the Mexicans ? Freeman ? 

6. What Mexican officer entered Texas in 1805 ? By whom was he joined the next 
year ? Where did Herrera establish his headquarters ? 



HOSTILE FORCES ON THE SABINE. 25 

General of the Eastern Internal Provinces, and Simon de 
Herrera, an experienced general and accomplished diplomat- 
ist. Herrera crossed the Sabine, and occupied the olo 
Spanish post at Adaes. This post had been selected by the 
Spaniards before the boundary line between Texas and Lou- 
isiana was designated. This step of Herrera, added to 
other provocations, produced a warlike feeling in the 
[Jnited States, both with the government and people. 

6. The message of President Jefferson, at the opening of 
Congress in December, 1805, was considered equivalent to a 
declaration of war with Spain. General Wilkinson, a zealous 
advocate for war, was in command at Natchitoches. Under 
his instructions. Governor Claiborne called out the militia of 
Louisiana to assist in driving the Spaniards across the 
Sabine. It was publicly stated that Herrera had peremp- 
tory orders to maintain his position. 

7. At this juncture, when a collision seemed inevitable, 
the two commanders met, and by an adjustment, unexpected 
to all parties, preserved the peace. A narroAV strip between 
the Sabine and a small bayou, called Arroyo Hondo, was 
designated as "neutral ground," not to be occupied by 
either party until the boundary line was finally settled. 



SECTION vm. 

MA gee's expedition. KEMPER. — PERRY. — BATTLE OP 

ROSILLO. — DEED OF HORROR. — BATTLES OF ALAZAN AKD 
MEDIITA. — HORRIBLE CRUELTIES. 

1. The "'^ neutral ground" becoming a place of resort for 

6, What was the tone of President Jefferson's message ? What American general 
commanded at Natchitoches ? 

7. How were hostilities prevented ? 

Section VIII,— 1. What was the character of the population of the "neatral 
groiTnd?" What purpose did Magee form? Wliat was the name of the ne\< 
organization ? 



26 MAGE E' 8 EXPEDITION. 

lawless men and freebooters, the United States soldiers 
stationed at Natchitoches were frequently called upon to 
protect the caravans of merchants passing across the terri- 
tory. One of the officers who assisted in breaking up this 
nest of robbers, was Lieutenant Augustus W. Magee. While 
thus engaged, Magee conceived the idea of organizing this 
floating and turbulent population into an army with which 
to revolutionize Texas, and rescue it from Mexican control. 
In this he was encouraged by Bernardo Gutierres, a repub- 
lican leader, formerly connected with Hidalgo, and who, 
after the fall of that chief, had made his home on the 
Sabine. The new organization took the name of tlie Eepub 
lican Army of the North. 

2. Magee was the controlling spirit, though Bernardo was 
the nominal commander. The republicans cherished a 
special hatred against the native Spaniards, who were called 
Gachupins {gah'choo-2}eens), and this is sometimes called 
the Gachupin war. Magee and his party, without opposition, 
took possession of Nacogdoches in July, 1812. In Septem- 
ber the Republicans, to the number of about three hundred, 
moved to the west and entered Goliad; the small Spanish 
garrison retiring without a fight. On the 7th of November, 
Governor Salcedo and Gen. Herrera arrived in the neigh- 
borhood with troops from San Antonio. On the 20th, hav- 
ing received some field pieces, a vigorous but unsuccessful 
attack was made upon the town. The fight lasted nearly 
all day, the Spaniards suffering a severe loss. 

3. Finding it impossible to take the place by storm, 
Herrera next attempted to starve out the garrison. In this 
he was equally unsuccessful. About the 1st of February, 

2. Who accompanied Magee as nominal commander ? When did the Republicans 
reach Goliad ? When did Salcedo arrive ? What occurred November 20 ? 

3. What did Herrera next attempt ? What is said of the battle February 14 ? 



BATTLE OF ROSILLO. 27 

1813, Magee died, and was succeeded in command by Major 
Samuel Kemper. On the 14tli of February anotlier severe 
battle was fouglit. Three times during the day the Span- 
iards succeeded in getting inside the walls, and were as 
many times driven out with great slaughter. They soon 
afterwards abandoned the siege. 

4. News of these successes brought large accessions to 
the republican ranks. One hundred and seventy-five 
Americans, and twenty-five Coshattie Indians, joined them 
from Nacogdoches. A reorganization of the army took 
place. Gutierres was still nominally the commander. 
Kemper was elected Colonel, and Eoss, Major. The repub- 
licans started at once for San Antonio. At the Salado they 
were reinforced by three hundred Lipan and Tonkawa 
Indians, tender Captain McFarland. The army at that time 
numbered eight hundred Americans, three hundred and 
twenty-five Indians, and one hundred and eighty Mexicans. 

5. The Spaniards had also been reinforced and numbered 
about two thousand. Salcedo did not wait to be attacked in 
San Antonio, but, confident of victory, on March 2, 1813, 
met the republicans at a place called Eosillo, about nine 
miles from the city, and took position in a chaparral to 
ambush the Americans. The latter discovered the enemy, 
and prepared for a vigorous charge. The republicans were 
again successful, defeating the royalists with great slaughter. 
and driving them in confusion back to the city. Many of 
the wounded, after surrendering, were dispatched by the 
Indians, who, in the hour of victory, were uncontrollable. 
In this fight the republicans lost nine killed and twenty-five 

4 How was the republican army affected by their successes ? After reorganizing, 
for what place did they march ? Who joined them at the Salado ? Total number of 
the Republican Army? 

n. How many Spanish soldiers ? Where and when was the battle fought ? Give 
the particulars. When did the victors enter San Antonio ? 



28 CAPTAIN DELO ADO'S REVENGE, 

wounded. The loss of the enemy was much gretiter. 
On theotli of March, tlie victors marched in triumph into 
the town. When 8alcedo surrendered his sword to Kemjoer, 
b.e paid a high compliment to the valor of the Americans. 

6. After arriving m the city, Gutierres, who had hereto- 
fore been comparatively passive, now that he was among his 
countrymen, began to exercise authority and organized a 
governing junta. Among the republican officers there was 
a Captain Delgado, whose father had been connected with 
the revolution under Hidalgo. When that chieftain was 
shot, the elder Delgado sought refuge in San Antonio. He 
was here seized by Governor Salcedo, beheaded, and his head 
stuck upon a pole at one of the public crossings of the river. 
The younger Delgado, to revenge his father's death, obtained 
a decree from Bernardo's governing junta for the execution 
of all the Spanish officers who had surrendered as prisoners 
of war. As he well knew the Americans would never consent 
to such a butchery, he conveyed them out of the city, 
under the pretext that they were on their way to the coast 
to be sent to New Orleans for safe keeping. When a few 
miles out they were halted, and all beheaded.* 

7. This shameful act of bad faith induced Colonels 
Kemper, Ross, Hall, and many others, to abandon the repub- 
lican cause in disgust. The Americans who remained elect- 
ed Captain Perry commander. 

8. A month later another Spanish army, said to number 
about three thousand, under Don y Elisondo, appeared on 

* Among those thus butchered were Salcedo, governor of Texue; Simon de 
Herrera, sfovernor of Neueva Leon, and his brother Colonel Geronimo Herrera; 
ex-Governor Cordero, and ten others, captains and lieutenants. 



6. What was organized in the city What did the younger Delgado desire ? How 
did he execute his horrible design ? 

7. What officers abandoned the republican ranks ? Who was elected comuiandei 
of the Americans ? 

8. What number of soldiers did Elisondo bring to San Antonio ? 



BATTLE OF ALA Z AN. 29 

the heights of the Alazan, just west of San Antonio. So un- 
expected was the appearance of this new army, that a company 
of republicans, out grazing their cavalry horses, was surprised 
and made prisoners. Elisondo might at once have marched 
into the city, with scarcely a show of opposition; but he 
halted, and commenced throwing up breastworks. This 
gave the republicans time to organize. Perry rallied the 
Americans, while Bernardo, assisted by Captain Manchaca, 
an influential resident of the place, collected a considerable 
number of Mexicans. 

9. About midnight, on the 4th of June, the republicans 
marched quietly out of the city, and waited in silence until 
daybreak, when a furious assault was made upon the hastily 
built breastworks. Encouraged by their leaders, the repub- 
licans entered the camp of the enemy, tore down the Spanish 
flag, and unfurled their own tri-color in its place. Elisondo 
rallied his men and re-took the breastworks. The battle 
raged for several hours with varying fortunes, but finally 
the desperate valor of the republicans prevailed, and the 
royalists retreated in disorder to the Eio Grande, leaving a 
thousand of their number either killed or wounded wpow 
the battle-field. 

10. After this battle, Gutierres was again displaced from 
command, and with his family returned to his old home on 
the Sabine. About this time anotlier distinguished officer 
appeared at San Antonio. This was Don Juan Alvarez 
Toledo, who was at once elected commander of the repub- 
licans. The Americans, demoralized by their splendid 
victories, were indulging in excesses in the city. Toledo 
was well assured that the royalists would return, and dis- 
played considerable energy and capacity in preparing 

9. Give the particulars of the battle of Alazan? 

1 0. What became of Bernardo Gutierres ? Who became commander in hi? 
place? 



30 BATTLE OF MEDINA. 

for defense. He organized a governing junta and a citj? 
police, and restored the supremacy of civil law. 

11. Unwilling to give np Texas, Arredondo, the com- 
mander of tlie Eastern Internal Provinces, collected another 
army of about four thousand, and marched rapidly for San 
Antonio. Arriving at the Medina, a few miles from the city, 
he halted and began to fortify. He erected breastworks in 
the shape of a <^ with the open end towards the city. The 
republicans were but poorly prepared to meet this new 
army. Toledo was a Gachupin, a class held in special 
detestation by many of the soldiers. The Mexicans thought 
Manchaca ought to be the commander, and they followed 
Toledo with reluctance. 

12. Instead of awaiting an attack in the city, Toledo 
marched out, August 18th, to meet the royalists. Arredondo 
threw forward a line of skirmishers who were instructed, 
after a few shots, to retire and draw the republicans into 
the inclosed space within the breastworks. Toledo dis- 
covered the ambuscade, and ordered a halt, but the impetu- 
ous Americans, not understanding the reason for the order, 
rushed forward. Though many Avere slain, they held their 
ground with unflinching courage, and would, perhaps, have 
gained a victory, but in the heat of the battle one of the 
Mexican officers in their ranks deserted to the enemy. 
This traitor gave Arredondo information as to the strength 
and position of Toledo's army. The republicans, seeing 
themselves betrayed and surrounded by an exultant and 
overwhelming foe, were first thrown into disorder, and then' 
suffered a terrible slaughter. 

13. The victors inflicted horrible cruelties. Three hun- 

11. What Spanish commander next entered Texas? With how many soldiers! 
Where did he fortify ? 

1 2. When was the battle of Medina fought ? Give the particulars. 

1 'A. How did the Spaniards conduct themselves in the city ? liow many AmericaTH 
escaped across the Sabine ? 



AFFAIRS A T GAL VESTON. 31 

dred citizens, during a sultry August night, were crowded 
into a close room, where eighteen perished from suffocation. 
The most refined ladies were forced to grind corn for tor- 
tillas ( tor-tee' -y alls, small cakes). Elisondo, chafing under 
bis former defeat, pursued the fugitives with relentless fury. 
At the Spanish Bluff some seventy-five or eighty were 
overtaken and inhumanly butchered. Out of eight hun- 
dred and fifty Americans, only ninety-three are known cer- 
tainly to have reached the Sabine River.* 



-^^- 



SECTION IX. 



AFFAIRS AT GALVESTON". — AURY. — SOTO LA MARIKA. — 
PERRY. — THE PIRATE LAFITTE. 

1. It is uncertain when Galveston Island was first visited 
by Europeans. There are conjectures that Pinda was on it 
in 1519 ; and again, that after the death of De Soto, his party 
spent several days there in 1543. There is a stronger prob- 
ability that La Salle, while hunting for the mouth of the 
Mississippi, in 1686, discovered the Island, and gave it the 
name of San Luis, a name still borne by a small island be- 
tween Galveston and the mouth of the Brazos. 

2. But at that early period the coast of Texas was but 
little known. La Salle placed the mouth of the Mississippi 
nearly two degrees too far south. Old maps place San An- 

* It is nncertain who commanded the American? in the battle of Medina. 
Rumor says that Perry, having beun warned by a Mexican <rirl, whose confidence 
he had trained, that Lieutenant Musquez would desert, profited by tlie warning, and 
left l)efore the battle. Kennedy says Kemper had returned and re-umed command. 
Two of the American captains, Bullard and Taylor, made their escape, the' 
former severely wounded. Perry afterwards figured at Galveston and iu Mina's 
expedition to Soto la Marina. 



Section IX,— 1. What Europeans are supposed to have visited Galveston in 
the sixteenth and in the seventeenth centuries ? 
2. Was the coast of Texas well known ? Who occupied Galveston in 1816 ? 



32 A UR Y—SOTO LA MARINA— PEER Y. 

tonio nearly two degrees too far west. All conjectures as tc 
the points on the Gulf visited by early navigators are un- 
certain. The buccaneers had discovered Galveston harbor, 
and occasionally entered it with their piratical vessels, lu 
1816, Commodore Louis De Anry, formerly of Carthagena, 
but who was tiien sailing under a commission from Senor 
Herrera, the Mexican republican ambassador at Washington, 
took possession of the Island. With a few vessels Aury 
preyed upon Spanish commerce on the Gulf. On the 24th 
of November he was reinforced by the arrival of the cele- 
brated General Mina, who brought several additional vessels 
and some two hundred men. At the same time Colonel Perry 
had collected about one hundred men at Bolivar Point. 

3. Learning from some of their cruisers that the town of 
Soto La Marina, on the Santander River, in Mexico, was in a 
defenseless condition, Aury and his companions resolved to 
make a descent upon the place. They sailed from Galves- 
ton April 6th, 1817. The town was taken without a fight. 
Soon afterwards a misunderstanding arose in reference to the 
command, and Aury, who controlled the fleet, returned to 
the Texas coast. 

4. Perry, conceiving the force too small to maintain itself 
in the heart of Mexico, with fifty companions started back 
to Texas by land, a distance of five hundred miles, through 
the enemy's country. He reached the neighborhood of Go- 
liad in safety, and might have passed on to the Sabine, but 
he halted before the place, and summoned the small garrison 
to surrender. While parleying with the commander of the 
post, a company of two hundred cavalry, sent by Arredondo 
to capture him, arrived, and he was thus at the same 
time attacked both in front and rear. Perry fought until 



3. What to^^•n in Mexico did Aury determine to capture ? Why did Aury retire f 

4. What is said of Perry ? 



THE PIRATE LAFITTE. 33 

tlie last of his brave band fell by his side, when he drew hia 
pistol and died by his own hand. 

5. General Mina, even with his reduced force, gained 
some brilliant victories, but was finally captured and shot 
A ury, instead of remaining on the Texas coast, went to 
assist Sir George McGregor in the conquest of Florida. 

6. In 1817, when the celebrated buccaneer, Lafitte, was 
driven by the authorities of the United States from Bara- 
taria, he established himself on Galveston Island. Here 
lie built a small village, which he named Campeachy. La- 
fitte styled himself governor of Galveston, and bore a com- 
mission, furnished him by Colonel Bean, as commodore in 
the navy of Republican Mexico. But the commerce of othei 
nations besides Mexico snff"ered from the depredations of 
Lafitte's cruisers, 

7. In 1821, the United States sent a naval force, under 
Lieutenant Kearny, to break up this band of semi-pirates. 
On the arrival of Kearny at Galveston, Lafitte disbanded 
his company and bade a final farcAvell to Texas. 



SECTION X. 

LO^^G'S EXPEDITION" TO TEXAS. — DRIVEN" OUT B\ PEREZ. — 
RETURNS TO TEXAS. — AT GOLIAD.— AT MEXICO. — AS- 
SASSIN^ATED. . 

1. In 1819, an expedition for the invasion of Texas wag 
organized at Natchez nnder the leadership of Dr. Jamea 
Long. With seventy-five men Long started from ]N"atchez 
on the 17th of June. Volunteers continued to flock to hia 

5 . What is said of Mina ? Of Aury ? 

6. Who occupied Galveston in 1817 ? 

7. When did he leave the island ? 

Section X.— 1 . Where was Long's expedition organized ? 



34 LONG'S EXPEDITION TO TEXAS. 

standard, so tliai: when he crossed the Sabine he had a force 
of three hundred. 

2. At Nacogdoches he organized a provisional government, 
and also sent detachments of soldiers to occupy the trading 
posts in Eastern Texas, and tlie crossings of the rivers. 
Long himself went to Galveston, to secure the co-operation 
of Lafitte ; but that wily chieftain, warned by the fate of 
Perry and Mina, declined to join in the new revolutionary 
movement. While at Galveston, Long heard that the officer 
left in command at Nacogdoclies had become dissipated and 
the men demoralized, and he liastened back to correct these 
evils. 

3. Arredondo was still in command at San Luis Potosi. 
As soon as he heard of the new invasion of Texas, he 
hastened forward a considerable force under Colonel Perez, to 
expel the invaders. Before Long arrived at Nacogdoches, on 
his return, Perez had reached the upper crossing of the Bra- 
zos, at Tenoxticlan. Captain Johnson and eleven otlier 
Americans, were captured. The rest of the garrison fled 
down the river to the lower crossing at Washington. They 
were so hotly pursued tliat they lost their baggage, and 
hastily retreated to the villages of the friendly Indians on 
the Trinity. 

4. At Si^anish Bluff", David Long, brother of the General, 
was killed, though a number of his men reached Nacogdo- 
ches in safety. Perez followed up the retreating Americans, 
and arrived at Nacogdoches so unexpectedly, that General 
Long aiid his family barely had time to escape across the 
Sabine. There were still afeAVof Long's men at the Oo- 

2. Where did Long organize a provisional government ? 

3. Who waa commander at San Luis Potosi ? Whom did Arredondo send againkj 
Long ? 

4. What officer was killed at Spanish Bluff ? How did General Long escApel 
Where did he rejoin his followers ? 



HIS SECOND EXPEDITION. 35 

shattie village, on the Trinity. These escaped in canoes 
down the river to Bolivar Point. Here they were soon 
afterwards rejoined by Long, who had made his way through 
the swamps of Louisiana, and re-crossed the Sabine near the 
uoast. 

5. Not at all disheartened, the undauuted Long immedi- 
ately commenced his preparations for another invasion. To 
obtaiu recruits and supplies, he visited New Orleans, where 
he met Palacios, one of the republican generals of Mexico, 
and Benjamin R. Milam, who were preparing for a descent 
upon Vera Cruz. Long succeeded in procuring a vessel and 
fifty-two men, and sailed down the coast of Texas to the 
mouth of the San Antonio river. Here he landed and pro- 
ceeded to Goliad, and took possession of that town without 
opposition. A fevv days afterward, a company of soldiers 
from San Antonio surrounded the place. These soldiers pro- 
fessed to be republicans contending against the royalists, and 
there seemed no propriety in fighting them. 

6. Under fair promises Long surrendered, when he and 
his men were disarmed and marched to the city of Mexico. 
When they arrived there, they found the government in the 
hands of the republicans, and through the influence of Mr. 
Poinsett, the American minister, Long and his companions 
were liberated, though Long was soon afterwards assassinated 
in the city. 

5 . Why did Long visit New Orleans ? At what point in Texas did he land ? What 
town did he occnpy ? 

6. What became of Long and his men after surrendering f 



36 PUBLIC ROADS.— NAME OF TEXAS. 



SECTION XL 

KAKLY PUBLIC RO.lDS. — NAME OF TEXAS. — l^AMES OF RIY- 
ERS. — POrULATION". — TREATY BETWEEif THE UNITED 
STATES AND SPAIN. 

1. When De Leon passed through the country in 1689, 
he opened the old La Bahia (Goliad) road, crossing the 
Guadalupe at Mission Valley, in Victoria County, the Colo- 
rado at Lagrange, the Brazos at Washington, and the Trin- 
ity at Robinson's Crossing. 

2. The San Antonio road was opened by St. Denis, in 
1714. He entered Texas at Gaines' Ferry, and, passing 
Nacogdoches, Mound Prairie, and Robinson's Crossing, left 
the La Bahia road, crossing the Brazos below Tenoxticlan, 
(in Burleson county), the Colorado at Bastrop, and pro- 
ceeded on to San Antonio, and thence to Presidio, on the Rio 
Grande. 

3. General Herrera and Govenor Cordero, in 1805, opened 
the Atasco Si to road. It crossed the Colorado at Columbus, 
the Brazos at San Felipe, and the Trinity at Liberty. These 
were the principal thoroughfares, though smuggling parties 
opened many contraband paths. 

4. La Salle gave to Texas the name of Louisiana, for 
Louis XiV. The Spaniards at first called it New Philip- 
pines, in honor of Philip V. of Spain. They also called 
the western portion New Estremadura. Kennedy says, 
De Leon gave the name of Tehas to the Nassonite Indians, 

Section XI. — 1 . By whom and at what time was the La Bahia road opened ? 

2. By whom was the San Antonio road opened ? In what year ? 

3. By whom and when was the Ataeco Sito road laid out ? 

4. What name did La Salle give Texas ? What name did the Spaniards apply to 
East Texas ? To the western portion ? What did Tehas mean in the Nassonite 
anguage ? How did Burnet account for the name 



NAMES OF RIVERS. 37 

owing to their friendly disposition; tehas, in their 
hmgiiage, signifying friends. Judge Burnet says: " The name 
Avas derived from a small tribe of Indians that inhabited 
a village called Teluis, on the Neches river/' The first time 
the name was used in diplomatic correspondence, was in tlie 
controversy between De Alarconne and La Harpe. In early 
times tlie inhabitants were called Texians, Texasians, Tex- 
asites, and Texioans. The word is now generally written 
Texan. 

5. The Indian name of the Trinity was Arkokisa ; of the 
Brazos, Tockanhono ; of the Colorado, Pashohono. The 
Spaniards gave the name of Brazos de Dios to the Colorado, 
and Eio Colorado to the Brazos ; but blundering geogra- 
phers afterwards interchanged these names. The Trinity 
river was probably so named because the Spaniards reached 
it on Trinity Sunday ; as the Navidad was so named because 
it was discovered on Christmas, (the day of the JVativiti/). 
There is some confusion about the names of western rivers. 
In old maps, the San Antonio is marked as the Medina, and 
the Guadalupe as the San Marcos. The Lavaca still bears the 
name given to it by La Salle. The Nueces was named from 
the pecans upon its banks. The Eio Grande, having been 
discovered in three places, received three names. At Santa 
Fe, it was called Del Norte ; at Presidio, where it is broad, 
it was called Rio Grande; and at Eeinosa, where it is swift, 
Rio Bravo. 

6. The wars produced by fiUibustering expeditions nearly 
depopulated Texas. Nacogdoches had been entirely deserted, 
nor was there a family remaining between that place and 

5. What was the Indian name of the Trinity River ? The Brazos ? The Colorado! 
What river still bears the name given it by La Salle ? How came the Rio Grande to 
have three names ? 

6. What is said o* the population of Texas ? What became of the Cennis and 
Nassonite Indians ? 



38 TEEATY OF 1S19. 

San Antonio. There were a few Mexicans still at the latter 
place and at Goliad. The populous and pacific tribes of 
Cennis and Nassonite Indians had entirely disappeared. | 
Some historians say they were swept away by the Indians 
that entered Texas from the United States during the period 
of the American revolution. These tribes had always been 
allies of the French, and it is not improbable that the Span- 
iards had assisted in their extermination. 

7. After the purchase of Louisiana, the United States 
claimed Texas as a part of that territory. Spain also claimed 
the eastern portion of Louisiana as a part of Florida. 
By the treaty negotiated February 22, 1819, by John Quincy 
Adams and De Onis, Spain relinquished Florida to the 
United States, and the latter gave up all claim to Texas, 
fixing the Sabine as the southwestern boundary of Louisiana. 

7 . Under what purchase did the United States claim Texas ? By what treaty did 
Spain acquire an undisputed title ? 



RE VIE W Q UE8T10N8. 39 



CHRONOLOGICAL EEVIEW QUESTIONS. 

FIRST PERIOD. 

What Frenchman landed on the coast of Texas, February 18, 1685 ? Robert Lf 
Salle, who was assassinated in March, 1687. 

What Spaniard was sent into Texas in 1689 ? Captain Alonzo De Leon. 

When was San Antonio settled ? In 1692, cr 1693. 

What Frenchman visited Texas in 1714 ? Huchereau St. Denis. 

For what was the year 1715 noted ? For the foundation of Missions at La Bahia^ 
Nacogdoches, Adaes, and other places. 

What Frenchmen attempted, in 1721, to form a settlement on Matagorda Bay . 
Belisle and La Harpe. 

What league was formed in 1729 ? An Indian league, to expel the French from 
Louisiana, and the Spaniards from Texas. 

When was San Antonio erected into a Presidio ? Nov. 28, 1730. 

When was the foundation of the Alamo laid ? In 1744. 

What Mission was broken up in 1758 ? The Mission San Saba. 

When did the Anglo-Americans first settle in Texas ? In 1800 ; the same year 
that Nolan's party entered the country. 

When was the neutral ground designated ? In 1806, by Gens. Wilkinson and 
ITerrera. 

What expedition was organized in 1812 ? That of Magee's, styled the Republican 

rmy of the North. 

When did the Republican Army enter San Antonio ? April 5, 1813. 

In what battle were the republicans totally defeated and driven from Texas? In 
the battle of Medina, August 18, 1813. 

What expedition sailed from Galveston in 1817 ? Aury and Mina's expedition to 
Soto La Marina. 

Who occupied Galveston in 1818 ? Lafitte. 

When did Long's expedition enter Texas ? In 1819. 

When was the treaty formed between the United States and Spain, by which tno 
latter acquired an indisputable title to Texas ? Feb. 22, 1819. 



40 



PLANTING COLONIES. 




^* A c/^^Wt^^^ 



PERIOD II. 

COLONIZATION UNDER EMPRESARIO GRANTS. 
From 1820, to the imprisonment op Stephen F. Austin in Mexico and 

THE BREAKING OUT OF THE REVOLUTION IN 1834. — TeXAS A 

Province of Mexico. 



SECTION I. 



PLAl^TIN^G COMPANIES OF COLOKISTS. — AUSTIN'S GRANT. 

1. The Spaniards placed but a moderate yaliie upon land, 
and manifested a willingness to give reasonable quantities to 
actual settlers. But the hostility of the Indians rendered it 

Section I.— 1. What estimate did the Spaniards place upon land ? Why was 
it necessary for colonists to settle in companies ? Who first proposed to plant a 



MOSES A USTIN. 4] 



unsafe for single families to locate at any considerable dis- 
tance from the Missions. To secure protection, the plan was 
suggested of introducing companies of colonists under em- 
presario contracts. Kobert Owen was probably the first who 
proposed to plant a colony in the province. He wished here 
to test the practicability of his communist theory. But as 
the Spanish authorities required all colonists to profess the 
Catholic faith, Mr. Owen's application was rejected. The 
first colonial grant issued by the Mexican Government was 
to Edmund Keene, an Englishman, who failed to comply 
with his contract. 

2. From adventurers who had traversed the country, Moses 
Austin, then a resident of Missouri, heard glowing descrip- 
tions of Texas — its rich soil, delightful climate and capa- 
bility of sustaining a dense population. He resolved to ap- 
ply to the proper authorities for permission to introduce 
three hundred families into the country. In pursuit of this 
scheme, Austin visited San Antonio. He was at first coldly 
received by Govenor Martinez, and ordered to leave the 
province under pain of imprisonment. As he left the Gov- 
ernor's office, and was walking across the plaza, he met 
Baron de Bastrop, with whom he had previously formed 
an acquaintance in Louisiana. Through the influence 
of Bastrop, the Governor was induced not only to rescind 
the order for Austin's banishment, but to join the 
municipal officers of the city in recommending his project 
to General Arredondo, at Monterey. JSTot doubting the suc- 
cess of his application Austin hastened back to make ar- 
rangements for introducing his colonists. Disease delayed 

colony in Texas? Why was Owen's application rejected? Who obtained the first 
grant ? 

2. What opinion had Moses Austin formed of Texas ? How many families did he 
propose to introduce ? How was he received by Governor Martinez ? Who induced 
the Governor to chan<?e hi? mind? Did Austin live to plant his colony ? To whom 
did he commit the execution of his plan ? 



42 STEPHEN F. AUSTIN. 

him on his ronte, and he reached Missouri m feeble health. 
News arrived that Arredondo had grantea the petition, 
(January 18, 1821), but in the meantime Austin had died, 
leaving, howeyer, a dying injunction that his son Stephen 
should carry forward his plans for planting the new colony. 



SECTION 11. 



Austin's first coloi^y. — location^ chosej?^. — embarrass- 
ments. — first contract completed. — OTHER CON- 
TRACTS TAKEN. 

1. Stephen F. Austin was in New Orleans when he heard 
of the success of his father's application, and he immedi- 
ately started for Natchitoches, to meet the commissioner 
sent on with the decree of Arredondo. Soon afterward he 
heard of the death of his father, and of his dying request 
in reference to the colony. 

2. The commissioner sent to conduct Austin to Texas was 
Don Erasmo Seguin. He was accompanied by Don Juan 
Veramendi. Both were distinguished citizens of San An- 
tonio. These gentlemen at once recognized the right of 
Stephen F. Austin to carry out his father's contract, and in- 
vited him to accompany them to the interior of the country, 
and select a location for settlement. 

3. Besides the escort of the commissioners, Austin took 
with him thirteen companions. They entered Texas, July 

Section II,— 1. Where was S. P. Austin when he heard of the success of hia 
fRther's application ? 

2, Who was the commissioner sent to introduce Austin into Texas? What dife- 
tini^uished citizen of San Antonio was with Segnin? 

3. How^ many Americans accompanied Austin? When did thej" cntoi Texas. 
What territory did Austin select for his colony ? 



A USTIN m MEXICO. 43 

16, 1821, Hiid arrived at San Antonio, August 13. Austin 
was cordially received by Governor Martinez, and proceeded 
at once to examine the country, with a view of selecting a 
location. He chose the region south of the San Antonio 
road, between the San Jacinto on the east and the Lavaca 
River on the west. This included the rich bottom lands of 
the Lower Colorado and Brazos Eivers. Having thoroughly 
explored the country, Austin returned to New Orleans. 

I. Austin's means were limited, but at New Orleans he 
found Mr. Joseph H. Hawkins, a former school-mate at the 
University of Transylvania, Ky. With the assistance of Mr. 
Hawkins, the schooner Lively was purchased, and loaded 
with provisions, farming utensils, etc. The Lively, with 
eighteen persons on board, sailed from New Orleans for 
Matagorda Bay, Nov. 20, 1821, and was never heard from 
afterward. 

5. The same day the Lively left New Orleans, Austin 
started for Texas by land. At Natchitoches he was joined 
by ten companions. The party reached the Brazos River on 
the last day of the year. Crossing a little below where the 
town of Washington now stands, a camp was struck upon a 
small stream, which the next morning received the name 
of New Year's Creek. Austin hastened to the coast to meet 
the party of the Lively. For nearly three months he waited, 
and hunted along the beach, when, receiving no tidings of 
the missing vessel, he finally gave her up for lost. 

6. On visiting San Antonio, Austin learned that it would 
be necessary for him to go to the city of Mexico to obtain 

4. Who assisted Austin in fitting out the schooner Lively ? What became of the 
veseel ? 

5* When did tlie first colonists arrive on the Brazos? What name was given to 
the creelc on which they camped ? 

6. What did Austin learn on reaching San Antonio ? Who was left in cTiar£re of 
the colony ? How long did Austin remain in Mexico ? Who was appointed land 
commissioner ? 



44 HA YDEN ED WARDS' S COLONY. 

the sanction of the newly inaugurated Republican Govern- 
ment. He requested Josiah H. Bell to take cliarge of the 
new colony during his absence, and departed for Mexico, 
reaching that city April 29, 1822. The revolutionary state 
of tlie country compelled him to remain a wliole year in 
the capital before a government was established which he 
deemed worthy of confidence. Having obtained the sanction 
of all the rulers who had temporarily exercised authority in 
the city, Austin started back to Texas in the spring of 1823. 
At Monterey he met with a cordial reception from General 
La Garcia, who had succeeded Arredondo as commander of 
the Eastern Internal Provinces. La Garcia appointed Baron 
de Bastrop commissioner to issue land titles to the colonists. 
He also directed that the capital of the new province, wheL 
laid off, should, in honor of the Empresario, be called San 
Eelipe de Austin. 

7. Having introduced the three hundred families required 
by the first contract, Austin, under the general colonization 
law of April 24, 1825, entered into another contract for five 
hundred more. In 1827 he took a third contract for one hun- 
dred families, and the next year a fourth for three hundred. 



SECTION in. 
Edwards's colony. — feedonian" war. — various other 

COLONIAL grants. 

1. On the 18th of April, 1825, Hayden Edwards took a 
contract for the introduction of eight hundred families into 
East Texas, including the territory between theNavasotoand 

T. What further contracts did Austin undertake ? 

Section III.— 1, Who took the contract for settling East Texas ? Wliat was 
the character of the floating population about Nacogdoches ? In whose favor did 
the alcaldes decide ? 



DISTURBED AFFAIRS OF THE COLONY. 45 

the Sabine Rivers. Edwiirds found in his territory, especially 
about the old settlement of Nacogdoches, a good man^; 
*^ squatters," who laid claim to large tracts of land. Some 
of these were former occupants of the ''neutral ground." 
They comprised a few Americans, but were mostly Mexicans, 
These Mexicans not un frequently set up claims to land, im- 
proved and occupied by the colonists introduced by Edwards. 
In almost every instance the alcaldes decided in favor of 
their Mexican countrymen. To quiet these old claims, 
Edwards gave notice that they must all be presented within 
a given time, or they would be rejected, and the land re- 
appropriated. This still further complicated the affairs of 
the colony. 

2. Appeals were taken to Saucedo, the political chief at 
San Antonio, who vigorously espoused the cause of the 
Mexicans. After protesting somewhat warmly against the 
injustice with which his colonists had been treated, Hayden 
Edwards made a visit to the United States, leaving his 
brother, Benjamin W. Edwards, in charge of the colony. 
Benjamin wrote to Governor Blanco defending his brother 
from the charges brought against him by persons styled in 
the letter his*' Mexican enemies." The use of the term, 
" Mexican enemies," gave Blanco great offence. He pro- 
nounced the charges against Hayden Edwards well sus- 
tained, and added : "I have decreed the annulment of his 
charter, and his expulsion from the territory of the republic, 
in discharge of the supreme orders with which I am in- 
vested." This was October 2, 1826. 

3. Before this letter reached Nacogdoches, Hayden Edwards 
had returned. The Americans were of course highly exas- 



2. To whom did the parties appeal ? To whom did Benjamin Edwards write ? 
What was Blanco's reply ? When was the decree issued? 

3. How did the Americans resolve to maintain their rights? With whom did 
they form an alliance ? What name did they aj-sume ? Did Edwards succeed in ral* 



46 FREBONIAN WAR. 

perated at this order, and, instead of referring the subjects 
in controversy to the supreme authorities in Mexico, resolved 
to maintain their rights by force. An alliance was formed 
with the semi-civilized Indians, who were quite numerous in 
the neighborhood. By this alliance the Indians were to 
have the frontier territory, with an undefined boundary, and 
the Americans the coast. On the 18th day of December 
the flag of Fredonia was unfurled, and a legislative council 
organized. The alcaldes, Sepulvida and Norris, who had 
been elected by the Mexicans, were deposed, and others 
appointed. As a precautionary step, the Fredonians took 
possession of the stone house, and fortified it. Norris, one 
of the deposed alcaldes, collected a few followers, and on the 
4tli of January, 1827, attacked this house. He was repulsed 
with the loss of one killed and several wounded. But 
Edwards found it impossible to rally any considerable party 
to his assistance. Colonel James Gains, who had assisted both 
Magee and Long, took sides with Norris, who was his father- 
in-law. Colonel Bean, the Indian agent, succeeded in detach- 
ing most of the Indians from the league, and neither Austin 
nor Bastrop gave the least encouragement to the Fredonians. 
When news of these proceedings reached San Antonio, 
Salcedo, with a body of troops under Colonel Ahumada, start- 
ed for the scene of disturbance. At San Felipe, Austin and 
a company of his colonists joined him. Before they reached 
Nacogdoches, Edwards and his followers retired across the 
Sabine, and, happily, tranquility vv^ as restored without further 
bloodshed. 

4. After the expulsion of Edwards, the territory which he 
had commenced colonizing was given to other parties. In 

lying many followers ? What steps did Salcedo take ? Who j(tined Salcedo at Sao 
Felipe ? What became of the Fredonians ? 
4. Where was Zavalla's grant ? 



OTHER COLONIAL GRANTS. ATi 

1829, Lorenzo de Zavalla obtained a grant for the country 
bordering upon the Sabine, including the present counties 
of Jefferson, Orange, Jasper, Newton, etc. At that time the 
Spaniards (or Gachupins) were obnoxious to the republicans 
of Mexico, and, by the terms of Zavalla's grant, were excluded 
from this territory. 

5. In 182(5, Joseph Vehelin obtained a charter to colonize 
a large scope of country, including the present counties of 
Liberty, Hardin, Tyler, Polk, Walker, Montgomery, Grimes, 
etc. Vehelin was requested to introduce Swiss, Germans 
and French, though Americans were not absolutely excluded. 

At the same time, David G. Burnet obtained a grant to 
colonize the region north of Vehelin's colony, including 
the counties of San Augustine, Nacogdoches, Cherokee, 
Anderson, etc. The three grants last mentioned were dis- 
posed of to a company of capitalists in New York styled 
the Galveston Bay Company. 

6. That company, without any participation on the part 
of either empresario, and contrary to the express advice of 
Burnet, converted its purchase into a stock speculation, and 
flooded the country with land scrip to an enormous amount. 
" The Mexican Government," says Burnet, " ratified the con- 
tract, and an agency of the company was established at Na- 
cogdoches ; but little, however, was done towards colonization 
under either grant." 

7. Martin de Leon obtained two contracts, the first in 
1825, to introduce forty-one families; and the second in 
1829, for one hundred and fifty more, all to be located near 

5. What territory was included in Vehelin's grant? In Burnet's? To whom 
were these grants sold ? 

6. Into what did the Galveston Bay Company convert its purchase ? Did they 
Introduce many colonists ? 

7. WTiat territory did Martin De Leon propose to colonize ? What territory waa 
granted to Green De Witt? To Hewitsou and Powers? To McMullen and 
McGloin ? 



48 OTHER COLONIAL GRANTS. 

the Guadalupe river in Victoria county. He was living at 
Victoria (then called De Leon's Ranche) when he obtained 
his first contract. The territory still higher up the river, 
including the counties of De AVitt, Gonzales and portions 
of Lavaca and Guadalupe, was granted to Green De Witt 
in 1825. On the coast between the San Antonio and Nu- 
eces rivers, Hewitson and Powers introduced some colonists, 
having in 1828 obtained a contract for two hundred families. 
Tlie same year McMullen and McGloin contracted to intro- 
duce a similar number into San Patricio county. Most of 
these latter colonists were Irish. 

8. In 1825, Robert Leftwich obtained a contract for intro- 
ducing eight hundred families into the territory above the 
San Antonio road, and extending from the Navasota river 
on the east, westward to the dividing ridge between the 
waters of the Colorado and San Marcos rivers. The next 
year Leftwich introduced a few families, and erected a fort 
in what is now Burleson county. He returned to Tennessee 
and died. After his death an association, called the Nash- 
ville Company, was formed to complete the contract. In 
1830, under the auspices of this company. Sterling C. Rob- 
ertson and Alexander Thomson entered Texas with some 
colonists. But some difficulties arose with the Mexican 
authorities, and most of these families settled in Austin's 
colony. In 1831, the same territory was granted to Austin 
and Williams, and Sterling C. Robertson was ordered to 
leave the province; but on the 29th of April, 1834, decree 
No. 285 recognized the Leftwich contract, and reinstated 
Robertson as empresario, who succeeded in introducing some 
five hundred families. 

9. B. R. Milam agreed to settle two hundred families on the 

8* Give the location of Leftwich's grant. Who introduced coloni^it8 under this 
?rant in 1830 ? What parties obtained this grant in 1831 ? When was it restored to 
Robertson ? 

9. Whore was Milam^s grant situated, and to whom did he dispose of it ? Wh? 



COLONIZA TION LAW. 49 

San Marcos river, but disposed of his contract to the Baring 
Brothers, London. General Filisola obtained a charter for col- 
onizing the territory immediately north of that given to 
Burnet, and the Red Eiver country was given to John 
Cameron. Contracts were also awarded to Frost Thorn, 
Stephen J. Wilson and Padilla and Chambers, but no steps 
were taken to settle up the territory. AVest of the Nueces, 
in the state of Coahuila, Beal and Grant introduced a few 
English colonists. After 1825 a large number of immigrants 
came to Texas on their own responsibility, and selected 
homes, and obtained titles to their land, under the provision 
of a general colonization law. 



SECTION IV. 



KATIOKAL COLONIZATION LAW. — GENERAL PROVISIONS. — 
QUANTITY OF LAND ALLOWED TO COLONISTS. — LAND COM- 
MISSIONERS.. 

1. The law of Iturbide in 1823, and the national coloni- 
zation law of 1824, guaranteed to foreigners settling in Texas 
security for their persons and property. Ten coast leagues, 
and twenty leagues bordering on the United States were re- 
served from location. The law of Coahuila and Texas, of 
1825, reaffirmed the general provisions of the national law, 
which required colonists to be members of the Roman Cath- 
olic Apostolic Church. In the distribution of lands, prefer- 
ence was to be giA^en : 1. To military officers having claims. 

obtained contracts for settling tlie country on Red River ? Who attempted to settle 
the country west of the Nueces river? 

Section IV.— 1. What rights were guaranteed to immigrants under the colo- 
nization law? What leagues were reserved from location ? What church was es- 
tablished by law ? To whom was preference given in the distribntiou of land? 
What kind of a certificate must the applicant present ? 



50 TERMS OF COITTRACTS. 

2. To Mexican citizens. 3. To foreigners in the order ol 
their application. Tlie land must be occupied and a portion 
brought into cultivation within six years. To procure land, 
the applicant must present a certificate of good moral char- 
acter to the commissioner, who gave an order Ibrthesur- 
yey ; and when the field notes Avere returned to the office, 
a patent was issued, upon stamped paper, signed by the em- 
presario and land commissioner. 

2. Under Austin's first contract, by previous agreement, 
the colonists were to pay twelve and a half cents an acre. 
This, however, was never collected. Under the general law, 
the stamped paper cost between two and three dollars, and 
the whole cost of a league of land amounted to about $180. 
In 1832, the citizens of Bexar, in their remonstrance to the 
general government, complained that in Texas a league of 
land cost from llOO to $300, while in other Mexican States it 
could be obtained for from $15 to $20. 

3. In the printed forms of permits given by Austin (as 
civil and military commander of the colony forming on the 
Colorado and Brazos rivers in the Province of Texas, under 
the government of JS^ew Spain), in 1821, to families under the 
first contract, there was promised to each man 640 acres, to 
his wife 320, to each child 160, and to each slave 80 acres. 
When Austin reached the city of Mexico, and applied for a sec- 
tion of land for each family, the Mexican officers misunder- 
stood the term section, and supposed he meant township. 
They replied that that was too much for a single family, but 
that they were willing to give each one a league, sitio, 4,428 

2* How much were Austin's first colonists to pay per acre for land? What com- 
plaint did the citizens of Bexar make to the central government t 

3. In Austin's printed permits in 1821, how much land was promised each man? 
How much to his wife f To each child? Slave? How did the Mexicans under- 
Btand the word section ? What did they propose in place of a section ? Whai pro- 
vision was made for merchants and mechanics? How much land did the emprcsano 
receive for introducing one hundred families? 



LAND COMMISSIONERS. 51 

acres for grazing purposes, and an additional labor (lah'bore) 
177 acres, for cultivation. A single man obtained one-third of 
a league, which was increased to a league if lie married. If 
a colonist erected a mill, or made other valuable improve- 
ments for the public good, he received a handsome land 
subsidy. Mechanics and merchants received town lots for 
shops and stores, and also out-lots, with grounds for gar- 
dens and for family residences. For introducing one hun- 
dred families, the empresario was entitled to five leagues and 
five labors of land ; with this restriction, however, that one 
person could hold in his own right only eleven leagues. 
Any amount above that must be speedily disposed of, or it 
would revert to the government. 

4. The land commissioner was an important officer; he 
superintended surveys, to see that claims did not clash, and, 
in conjunction with the empresario, issued land titles. He 
laid off all towns, and was required to see that these towns 
had four leagues of land ; the streets to run parallel, crossing 
each other at right angles; having suitable squares desig- 
nated for churches, school-houses and other public buildings. 
The commissioners appointed alcaldes, regidores, etc. (offi- 
cers corresponding with those of mayor, recorder, etc.). 
These civil officers constituted the ayuntamiento (town 
council, or police court). The commissioner also estab- 
lished ferries, and, in conjunction with the empresario, 
exercised all the functions of civil government. 

4* Who superintended the surveys ? How many leagues of land were given to 
•sch town f How were the streets laid off ? Who appointed officers for towno? 



52 PROGRESS OF SETTLEMENTS. 



SECTION V. 

PKOGRESS OF SETTLEMENTS. — SLAVERY. — CIVIL GOVERIT- 
MENT. — TAXATION^. 

1. Austin bad, through various newspapers in the United 
States, made known the advantages of Texas, and invited 
immigration. A lively interest was awakened in the new 
enterprise, and hundreds entered the country both by land 
and water. Such was the rambling disposition of the col- 
onists, that scattered settlements were soon formed fi-om tbe 
reserved coast leagues to the old San Antonio road, and 
from the San Jacinto to the Navidad rivers. East Texas 
was also gradually filling up; new settlements were formed 
on tbe Guadalupe river, and the old town of Goliad received 
accessions to its populatioji. 

2. Tbe early inhabitants endured many privations. Meat 
could be procured by hunting, but families were sometimes 
for weeks without bread, and sugar and coffee were luxuriea 
seldom attainable. The men dressed mostly in buckskin, 
the women in such fabrics as could be obtained. After tbe 
first year corn was raised; garden vegetables grew luxuri- 

NoTE.— While the colonists were generally satisfied with Austin's management, and 
p-ateful for the interest he had taken in selecting homes for them, and securing titles 
to their lands, a few distrusted his authority, and complained of having to pay twelve 
and a half cents per acre. Had the settlers received only a section, as Austin first 
promised, the price (eighty dollars) would readily have been paid ; but, obtaining a 
Jeague and a laboi\ it amounted to over five hundred dollars, a large sum for a poor 
colonist. To preiserve peace, and to prove his authority to introduce immigrants, 
he issued an address on the first of November, 1820, giving a short history of hia 
enterprise and the difficulties he had overcome. That his colonists might >e f'lJIy 
assured of the validity of tiieir titles, he annexed to his address tranf^latious from 
nearly thirty public documents, which fully justified his acts. 



\ 



Section V.— 1. By what means had Austin invited immigiation? Did his 
colonists remain together? 
2. Mention some of the hardships endured by early settlers. 



SLA VER Y IN TEXAS. 53 

antlj, and domestic animals multiplied with great rapidity 
upon the rich and boundless prairies. 

3. As we have seen, permission was given to Austin's first 
colonists to introduce slavery, but the colonization law ol 
1823 prohibited the purchase or sale of slaves, and declared 
the children of all slave parents free at fourteen years of age. 
President Guerrero, having been invested with extraordinary 
power to suppress an existing rebellion, issued a decree, July, 
1S29, abolishing slavery throughout Mexican territory. The 
next year Bustemente issued another, prohibiting the intro- 
duction of slaves. The law had previously enjoined that 
children of slaves should have the same advantages of educa- 
tion as other children. 

4. Notwithstanding these prohibitions, colonists continued 
to bring negro servants, generally passing them through the 
Custom House at New Orleans, so that if they desired to do so, 
they could return with them to the United States. Masters, 
also, entered into contracts with their slaves as peons, and the 
Mexican Government recognized the binding force of these 
obligations. A few Africans had been smuggled into Texas, 
and there was some apprehension that this nefarious traffic 
might become extensive. At the suggestion of Judge Bur- 
net, after considerable discussion, the convention at San 
Felipe, in 1833, severely denounced this trade. It was esti- 
mated that there were about five thousand slaves in Texas 
at the breaking out of the revolution in 1835.* 

♦The theory of government held in the Spanish-American provinces dif- 
fered materially from that held by the Anglo-Americans. With the latter, 
the people were the source of all political power. They formed com^titntionf*, 
enacted laws, and elected officers to carry ont their sovereio:n will. With the 
Spaniards, the l^ing was the source of all authority. He proclaimed laws, appointed 
officers, and held both officers and people accountable to himself. It could hardly 
have been expected that peoples holdinj)^ such diverse theories of government 
could long maintain harmonious relations under the same political institutions. 

3. Did the Mexican authorities encourage the introduction of slaves ? At what 
age were the children of slave pajents declared free ? 

4. Were negro servants still introduced? By what body was the African slave 
trade condemned in 1833 ? How many slaves in Texas in 1833 ? 



54 A UST1I{'8 A UTHORITT. 

5. In Austin's colony, up to 1828, Austin himself exer- 
cised the functions of erapresario, and of civil and military 
governor. He held the rank of lieutenant-colonel in the 
Mexican army, and was authorized to call out and command 
the militia, when necessary to preserve the peace or repel 
invasion. He also held the office of Supreme Judge. In 
civil suits, where the amount in controversy was over twenty- 
five dollars,, parties dissatisfied with the decision of an alcalde 
had the privilege of appeal to the empresario. While Aus- i 
tin's government was eminently conservative and paternal, 1 
he occasionally administered a severe punishment, and in 
some instances banished turbulent persons from his 
colony. 

6. One of the first acts of the National Congress, assembled 
under the Constitution of 1824, was the erection of former 
provinces into states similar to those of tlie American Union. 
Texas was connected temporarily with the neighboring state 
of Coahuila [co-ah-tuhee'lali). The legislative body of this 
united state was called a congress, and was composed of 
twelve members, of whom Texas was entitled to two * A rep- 
resentative, if not a native of Mexico, must have resided eight 
years in the country, and was required to be worth eight 
thousand dollars, or to have an income of one thousand dol- 
lars annually. Popular elections were held on Sunday, the 
people not voting directly for the congressmen, but for elect- 
ors, who subsequently met and elected them. 

* III the Bexar remonstrance (Dec, 1832) complaint was made that Texas 
had bnt two representative!? in the LeLMslature, while her population would 
entitle her to four. It is questionable if Texas ever had more than one delegate 
present at one time ; and under the arbitrary decree of Bustemente, in 1830, the 
Texas delegation was expelled. 

5, What authority did Austin exercise in his colony ? When dissatisfied with the 
decision of the alcalde, to whom could the people appeal? 

6. Witt what State was Texas temporarily connected? To how many reprcsenta' 

livee was Texas entitled? 



MEXICAN OFFICERS— TAXATION. 55 

7. Under Mexican rule there were a number of officers who 
exercised both civil and military functions. The one highest 
in authority was the Commander of the Eastern Internal 
Provinces, with headquarters at Monterey. By a decree of 
the legislature at Saltillo, February 1, 1825, the office of Po- 
litical Chief was created. That officer, though nominally 
subordinate to the Governor, was, in reality, clothed with 
despotic power. He could suspend civil judges, arrest and 
imprison citizens, and call out and control the militia. He 
received a salary of eight hundred dollars a year. 

8. An alcalde under Spanish law exercised civil jurisdiction 
equivalent to that of a justice of the peace under English law. 
In 1822 the districts of the Brazos and the Colorado were 
created. As population increased others were formed, until, 
in 1827, there were seven alcalde's districts, or municipali- 
ties, in Austin's colony. 

9. In 1828 provision was made for the alcaldes of each 
municipality to meet three times in a year, and hold an ap- 
pellate court, called an ayuntamiento. In 1834 three 
judicial districts were formed in Texas, and a supreme judge 
appointed. 

10. Colonists entering Texas were permitted to introduce 
all family supplies, agricultural implements, etc., free of duty, 
and for six years were entirely exempt from taxation. Up 
to 1830-31, there were no tax-collectors or custom houses in 
the colony. As a consequence, the State treasury at Saltillo 
was often empty. Many offices remained vacant because the 

7. What powers were exercised by the military commanders ? By the political 
chief? 

8. What were the duties of an alcalde ? ITow many alcalde's districts in Austin'g 
colony in 1827? 

9. When was an appellate court formed? How many judicial districts in 1834? 

10. What necessaries could be introduced free of duty? How long were colonista 
exempt from taxation? What expedient was resorted to in Coahuila to raise 
money ? 



56 INDIANS IN TEXAS. 

state was unable to pay salaries. In 1828. Austin advised 
the ayuntamiento of San Felipe to collect a tax to build a 
jail, but the advice was unheeded, and the officers had no 
means of keeping prisoners. In Coahuila, many expedients 
were adopted for replenishing the exhausted treasury, one of 
wliich was the taxing of cock pits. 



SECTION VI. 

INDIANS IN TEXAS. 



1. The Caranchuas, from their location on the coast, m 
immediate proximity to the settlements, were a constant 
source of annoyance. They numbered about one thousand 
warriors, and had frequent skirmishes with the colonists, 
in which a few of the latter, and a still larger number of the 
former, lost their lives. In 1825, Colonel Austin felt suffi- 
ciently strong to expel this predatory band from his terri- 
tory. Having, in connection with Captain Xbner Kuyken- 
dall, collected about one hundred militia, he started to hunt 
the marauders. At the Menahuila {may-7iah-ivhee'lah), six 
miles east of Goliad, Austin was met by the Catholic priest of 
the mission, who had been sent by the Indians to make peace. 
It was agreed that the Indians should remain on the west 
side of the San Antonio river. Any Indian caught east of 
that stream was to be treated as an enemy. The old mission 
of La Bahia had been established mainly for this tribe ; there 
many of the Indians had received baptism, and as long as 
the tribe remained in Texas, their children were taken to the 
Mission to receive this Christian rite. In 1843, some forty 
or fifty, the sad remnant of this once powerful tribe, emi- 

Sectlon VI.— 1, Hov.' many warriors could the Caranchuas muster ? What 
agreement did these Indians enter into in 1826 ? What became of this tribe? 



INDIANS IN TEXAS. 57 

grated to Mexico, and settled in the state of Tamaulipas, 
where their tribal existence was soon lost. 

2. The Comanches are supposed to have had fi'om fifteen 
hundred to two thousand warriors, and some kindred tribes^ 
whose names are now hardly remembered, numbered as 
many more. Burnet, who spent the years 1818-19 among 
the Comanches, says this tribe was then true to treaty obli- 
gations. They were at peace with the United States, but at 
war with Mexico. 

3. In April, 1822, a party of fifty-four of these Indians 
captured Colonel Austin on the ISTueces, when on his way to 
Mexico. As soon as the chief of the band understood that 
Austin was an American, his goods were restored, and he was 
permitted to prosecute his journey in peace. The govern- 
ment of the Comanches was republican, their chiefs being 
elective. They seldom killed Mexicans unless in self de- 
fence. Their lives were spared that they might raise more 
horses, as from them the Indians always obtained a supply. 
They were said to be averse to drinking whisky, pronoun- 
cing it fooVs tuater, and said that it made Indian one big fool. 

4. Austin, in his address, speaking of the Caranchiias, 
Comanches, Wacoes and Tehuacanies, pronounced them 
murderers. He says the smaller tribes of Lipans and Ton- 
ka was were insolent and thievish. The smaller tribes, hoAV- 
ever, at a later period rendered valuable service to the colo- 
nists as spies, and guides in campaigns against the frontier 
Indians. Then, as now, the small bands of Alabamas and 
Coshatties had their villages on the lower Trinity. "The 
Keechies," says Burnet, " were a peculiar race. Their lan- 
guage differed radically from all others known in Texas. 

2* How many warriors could the Comanches muster? 

3. How was Austin treated by a band of Comanches in 1822 ? Why did these In 
dians spare the Mexicans ? What name did they jjive to whislcey ? 

4, What character did Austin give the Comanches, Wacoes, etc. ? The IJpani 
and Tonkawas ? What was the character of the Keechies ? 



58 WILBARGER SCALPED. 

The Comanches held them in singular abhorrence, believing 
them to be possessed, and to exercise the mysterious power 
of witchcraft." 

5. As early as 1822, a few Oherokees, and some families oi 
other tribes, driven by the United States from their hunting 
grounds east of the Mississippi, sought a home in Texas. 
Though the Mexican authorities gave these Indians tacit 
permission to remain in the country, no land titles were 
issued to them. It was the failure to obtain their land which 
induced the Cherokee chiefs so readily to join in the Fredo- 
nian movement. So far from the Mexicans giving encour. 
agement to this Indian immigration, Colonel Bean, the agent, 
addressed a letter to Secretary Cass, at Washington, protest- 
ing against it. In response to this protest. President Jack- 
son issued a proclamation to the Indians in the southwest, 
admonishing them not to cross the Sabine river. This im- 
migration, however, continued to pour into Texas until the 
establishment of the republic. 

6. During the year 1833, Josiah Wilbarger and two com- 
panions were oat hunting on Walnut Creek, a tributary of 
the Colorado, when the party was surprised by Indians, and 
one of them instantly killed. Wilbarger was shot, scalped, 
and left for dead. The third escaped on a fleet horse into 
the settlement. A company who went out to bury the 
dead, found Wilbarger still alive. He lived twelve years, 
but finally died from the effects of the wound. 

7. The same year S. F. Austin, D. G-. Burnet, and B. E. 
Milam addressed an earnest remonstrance to General Bus- 
temente, protesting against the introduction of any more In- 

5* When did the Oherokees enter Texas f Did the Mexican authorities encourage 
this Indian immigration 7 

6. Give the particulars of the scalping: of Wilbarger. 

7. What prominent Texaus remonstrated against the introduction of Indians intC 
Texas? How many Indians were in Texas in 1834 f 



ILL TREATMENT OF COLONISTS. 59 

dians into Texas. In tlie Indian expeditions at this earl} 
period the colonists were ever ready to respond to the call o/ 
their chieftains. Those who were able always kept a sup- 
ply of ammunition and a horse ready for immediate service. 
According to Almonte's estimate, there were in Texas, in 
1834, four thousand five hundred friendly Indians, and ten 
thousand eight hundred belonging to wild tribes. 



SECTION VII. 



ILL TREATMENT OF THE COLONISTS. — TROUBLES AT ANA- 
HUAC. — FIGHT AT VELASCO. — FIGHT AT NACOGDOCHES. 

1. During Austin's absence in Mexico in 1822, many 
families, who started to his colony, settled in East Texas, in 
the neighborhood of Nacogdoches. Under the general 
colonization law these families were entitled to land, but 
were unable to obtain titles, because no land commissioner 
had been appointed for that district. In 1829, Don Juan 
Antonio Padilla was sent out to issue titles to these colo- 
nists. But Padilla found the same difiiculties which had 
beset Edwards. There were conflicting claims. He mani- 
fested a disposition to deal justly with the immigrants. 
The Mexicans, who claimed large bodies of land, com- 
plained of the commissioner, and before he had fairly 
commenced issuing titles, he was arrested. The next year 
Francisco Madero resumed the work of assigning land to 
the colonists. Among other acts of Madero was that of 
creating the municipality of Liberty. He, too, gave offence 
to the Mexican officers and was suspended, and the colonists 
were again left with no means of procuring land titles. 



Section VII.— I. How was East Texas settled ? Why could not the colonietf 
obtain land ? Why was Padilla arrested ? How was Madero treated ? 



60 TROUBLES AT ANAEUAG. 

2. Oil tlie 6th of April, 1830, President Bustemente issued 
a proclamation prohibiting any fnrtlier immigration into 
Texas from the United States. In 1831, cnstom-lioases 
were established at Nacogdoches, !San Antonio, Copano, 
Velasco, and Anahuac. By decree of April 7th, 1832, 
foreigners (meaning Americans), were forbidden to carry on 
a retail trade in the country. To overawe the colonists, 
a considerable body of troops was sent into Texas by General 
Teran. Colonel Piedras, the ranking officer, had three hun- 
dred and twenty men at Nacogdoches; Colonel Bradburn 
one hundred and fifty at Anahuac; Colonel Ugartechea 
{oo-gartay' -clie-ah) one hundred and twenty at Velasco ; 
Colonel Bean had a small force at Fort Teran, on the Neches, 
and there Avere also companies at Tenoxticlan, Goliad, and 
San Antonio. 

3. The first serious difficulty between the colonists and 
the military occurred at Anahuac. Under instructions from 
Teran, Bradburn arrested the commissioner, Madero. He 
also abolished the ayuntamiento at Liberty, and established 
one at Anahuac, without any warrant of law. The citizens 
were further annoyed by the lawlessness of Bradburn's 
soldiers, many of whom were discharged convicts. The 
commander shielded his soldiers from punishment, even af- 
ter their crimes had been clearly proved. He also received 
and harbored runaway slaves, and when their owners 
demanded their return, refused to give them up, on the 
plea that they had already enlisted as soldiers in the Mexi- 
can army. He finally proclaimed martial law, and arrested 
a number of citizens for whom he had conceived a dislike, 
and confined tliem in the barracks. 

JE, What was the purport of Bustemente's decree of April 6, 1830? At what 
points were custom-houses established ? At what points weie soldiers stationed to 
overawe the citizens ? 

3. At what place was the first serious difficulty between the colonists and the 
military commander ? Name some ol the arbitrary acts of Bradburn. 



TROUBLES AT ANAHUAO. 61 

4. Though these men had viohited no law, and were 
ignorant of the cause of their arrest, Bradburn threatened 
to send them to Vera Cruz for trial. By another military 
decree all the ports of Texas, except Anahuac, were closed. 
That port was at the head of Galveston Bay, outside of 
Austin's colony, and accessible only to vessels of light draught. 
It was not to be expected that Anglo-Americans, with their 
inborn love of liberty, would tamely submit to such outrages. 
Meetings were held and measures devised to effect the release 
of the prisoners in the stockade. 

5. A company was organized under the command of 
Francis W. Johnson, who demanded the immediate and un- 
conditional release of their fellow-citizens. This company, 
when approaching Anahuac, intercepted and captured 
a scouting party of fourteen of Bradburn's soldiers. In a 
parley, Bradburn proposed that if the Americans would 
release the soldiers just captured and retire some six miles, 
to Turtle bayou, he Avould set at liberty the citizens in the 
stockade. Johnson agreed to this. The captives were sent 
into the garrison, and he retired' with his command to the 
bayou, to await the arrival of their friends held in custody. 
In the meantime Bradburn heard that Piedras was ap- 
proaching with reenforcements from Nacogdoches, and de- 
clined to give up his prisoners. Piedras, as soon as he 
ascertained the trne state of affairs, superseded Bradburn 
(who immediately left for New Orleans), and released the 
prisoners. 

6. Fortunately for the Texan s, at this juncture news 

4. Where did Bradburn threaten to send citizens wliom he had arrested? What 
Texas ports were closed ? 

5. Who commanded the Texans who organized to release their fellow citizens? 
What befell a scouting party of Bradburn's soldiers? By whom were the prisonera 
Gnally released ? 

6. What news reached Texas from Mexico ? Who was then the Republican leadei 
in Mexico f 



62 FIOHT AT VELASGO. 

arrived of a revolution in Mexico. Santa Anna, wlio was 
just rising into favor, had pronounced against Busfcemente, 
and proclaimed anew the Constitution of 1824. A public 
meeting at Turtle Bayou, June 13, 1832, gave a cordial 
assent to this republican movement. This placed the 
Americans in Texas in harmony with the liberal party of 
the nation. 

7. In the month of May, before any of the citizens had 
left for Anahuac, a meeting was held at Brazoria, in which 
a proposition was made to first capture Colonel XJgartechea 
at Velasco. This failed by one vote. XJgartechea, however, 
gave an informal pledge that he would remain neutral. The 
assailing party at Anahuac needing cannon, Captains John 
Austin and Wm. J. Eussell were dispatched to Brazoria for 
two at that place. Ugartechea declined to let the cannon 
pass Velasco. Captain Austin at once called for volunteers 
to capture the garrison, and one hundred and twelve men 
volunteered. Part of these, Avith the cannon, were placed on 
board the schooner Brazoria, in charge of Captain Russell, 
and floated down the river. Captain Austin conducted the 
remainder by land. These, when tliey arrived at the mouth of 
the river, were formed into two companies. Captain Brown, 
with one company, took position near the beach, where they 
were partially protected by drift-wood. Captain Austin, 
under cover of darkness, approaclied within a few rods of 
the fort, carrying palisades of plank for protection, and, 
working in silence, threw up temporary breastworks. 

8. The battle commenced about twelve o'clock at night, 
June 25th. Just after daylight, a shower of rain fell, damag- 
ing the ammunition of the assailants. The breastworks not 

7» What proposition was made in Brazoria at a meeting of colonists ? What 
occasioned the light at Velasco ? 

8. When did the battle commence ? Give the particulars of the fight. Loss of 
the Mexicans. Of the Texans. 



I 



M' FIOHT AT NACOGDOCHES. 63 

affording protection to his men, Captain Austin retired a 
short distance, to a more advantageous position. The party 
on the vessel still kept up the fight, and the riflemen were 
especially successful in picking off gunners who mounted 
the parapet to fire the cannon. After about ten hours' 
fighting, a white flag was raised in the fort, and soon after- 
ward the garrison surrendered. In the fight, the Mexicans 
had thirty-five killed and fifteen wounded. The loss of the 
Texans was eight killed and twenty-seven wounded. 

9. Colonel Piedras, by his course at Anahuac, had become 
popular with the Texans. But he was a monarchist, and 
did not believe the Mexicans capable of self-government. 
At a public meeting, at Nacogdoches, a committee was ap- 
pointed to invite Piedras to join the republicans. This he 
declined to do, when the citizens organized a military com- 
pany for his capture. On the 1st of August, Colonel Bullard, 
who had been chosen commander, took a position near the 
old stone house, which, after a severe fight, was captured by 
a party of Texans under Captain Bradley and Lieutenant 
Looney. A body of cavalry, sent by Piedras to re- capture 
the house, was repulsed with loss. The fight lasted until 
night. 

10. Under the cover of darkness, Piedras cast his ammu- 
nition into wells, and silently left the place, retreating 
westward. He left forty killed and a number of wounded 
in the town. The Texans had one killed and five wounded. 
The next day a party of Texans intercepted the retreating 
Mexicans at the Angelina river. At the first fire, Marcos, 
one of Piedras' officers, was killed. To avoid the further 
effusion of blood, Colonel Piedras turned the command over 
to Major Medina {may -dee' -no), who immediately surren- 

9. To what political party did Piedras belong? What course did the people o( 
Nacogdoches pursue ? What house did the Texans occupy ? 

10, What became of Piedras ? 



64 CONVENTION OF 18Se3. 

derod, and he and most of his men espoused the republican 
cause. 

11. Soon after this, Colonel Souverin, a republican, who 
had become commander at Anahuac, collected all the Mexican 
soldiers he could muster from the commands of Bradburu, 
Ugartechea, and Piedras, and sailed for Tampico {tahm-pee'- 
co) to assist in the revolution against Bustemeute. Texas was 
thus left without a garrison. 



SECTION VIII. 

CONYEITTIOIS" OF 1833. — AFFAIRS IN COAHUILA. — AUSTIN" IN 
MEXICO. — POLITICAL PARTIES.' — LIVE STOCK, AGRICULTURE, j 
AND COMMERCE. — EDUCATION. — SCHOOLS AND CHURCHES. 
— REFLECTIONS. 

1. The attachment of Texas to Coahuila was only a tem- 
porary arrangement. The coalition was inconvenient, un- 
natural, and, in many respects, disadvantageous to the 
former, which now had a population equal to that of the 
smaller State«s of Mexico, and was in harmony with the lib- 
eral party, which, under Santa Anna, had there gained the 
ascendancy. This was thought to be a favorable time for 
inaugurating a separate State government. As early as Oc- 
tober, 1832, a number of leading citizens met at San Felipe, 
and recommended the election of delegates to a Convention 
to form a Constitution. 

2. An election was held in the different municipalities in 
March, 1833, and in April the Convention met in San 

11, What became of the Mexican soldiers in Texas ? 

Section VIII,— 1, Was the connection with Coaliuila advantageous to Texas \ 
What did the Texans desire ? 

2. When did the Convention meet to form a Constitution ? Who was the author 
of the constitution ? Of the memorial ? Who went as Commissioner to Mexico ? 



AFFAIRS IN COAHUILA— AUSTIN IN MEXICO. 65 

Felipe. A Constitution which was drafted by Sam Houston 
was adopted, and submitted to the national authorities for 
approval. Judge Burnet drew up an able memorial, show- 
ing the disadvantages under which Texas labored, and the 
necessity for a separate State government. Of the three 
Commissioners who were selected to proceed to the city of 
Mexico with the Constitution and memorial, Colonel Austin 
alone went. 

3. In 1834, while Texas was comparatively quiet and pros- 
perous, Coahuila was convulsed with a revolution. The seat 
of government had been removed from Saltillo to Monclova. 
Saltillo, unwilling to lose the capital, organized a revolution, 
and elected a governor in opposition to the one at Monclova. 
Both parties prepared to fight, but before actual hostili- 
ties began, referred their difficulties to Santa Anna, who 
ordered a new election. This state of affairs, in which the 
Legislature was prevented from meeting, illustrated still more 
forcibly the necessity of separating Texas from Coahuila. 

I. When A.ustin reached the Mexican capital, he found a 
strong prejudice had been awakened against the Anglo- 
Americans in Texas. He failed to obtain permission to 
organize a separate State government, but his mission was 
not without good results. He secured the repeal of laws 
which discriminated against the Americans — especially the 
decree of Bustemente, prohibiting immigration from the 
United States — and obtained some mail facilities, in Decem- 
ber he started for Texas, and had reached Saltillo, where he 
was arrested by order of Farias, the acting President, carried 
back to Mexico and thrown into a dungeon, in which he 
languished nearly two years. 

3. In what condition was Coaliuila in 1834 ? To whom did the hostile partieo 
refer their dispute ? 

4. What was the state of feeling toward the Anglo-Ainericaus when Austbl 
arrived in Mexico ? How was Austin treated ? 



66 POLITICAL PARTIES— AGRICULTURE. 

5. During the year 1834, Colonel Almonte, one of Santa 
Anna's most trusted lieutenants, was sent on a visit to Texas. 
He was everywhere cordially received, and, on his return, 
published a glowing description of the country, giving a 
tolerably accurate estimate of its population and resources. 

6. Though all parties, in 1834, wished to see the connection 
between Texas and Coahuila dissolved, there were differences 
of opinion as to the best mode of accomplishing this object. 
Some wanted a de facto local government organized at once. 
Others wished to await the action of the Federal authorities, 
and the return of Austin. And still others, comparatively 
few in number, but very zealous, wished at once to proclaim 
the independence of Texas. But as all parties were agreed 
in desiring a local government, to be administered by its 
own citizens, Texas was comparatively quiet. It was, how- 
ever, a delusive peace, the harbinger of a storm. 

7. The first considerable stocks of cattle brought to 
Austin's Colony, were by Abner Kuykendall and Eandal 
Jones, in 1822. Ten years later, Taylor White, on Turtle 
Bayou, had three thousand head, and Mr. Barrow, one of 
Mr. White's neighbors, had several hundred head of horses 
and mules. There were large herds of cattle and horses 
owned by Mexicans in western Texas. 

8. The first cotton-gin-house erected in Texas was in 1825, 
at the Groce plantation ; the next, near the mouth of 
Cow Creek, in Brazoria County, by the Austins ; the third, 
by Robert H. Williams, in Matagorda County. Cotton was 
then packed in fifty and one hundred pound sacks, and 
transported to the Rio Grande on mules, two hundred an.d 

■■ ■ ' ■ ' » —^ — ~ 

5. What Mexican officer visited Texas in 1834 ? What did he think of Texas f 

6. What was the desire of all parties in Texas ? How did opinions differ ? 

7. When were the first stocks of cattle brought to Austin's Colony ? • 

8. When and where was the first cotton-gin-house built? When was the flr^l 
cotton shipped from Texas, and what price did it hrintr ? 



COMMERCE— EDUCATION. C? 

fifty pounds constituting a mule load. The first cotton sent 
out of Texas by water was shipped from Velasco to Mata- 
moras in 1831, and brought sixty-two and a half cents 
per pound. As early as 1830, Judge Williams, of Liberty 
County, made forty liogsheads of sugar in one year. 

9. In 1834, Almonte estimated the commerce of Texas as 
follows : 

Exports. Imports. 

Department of Brazos $600,000 $325,000 

'* Nacogdoches $470,000 $265,000 

« Bexar $10,000 

10. The Constitution of Coahuila and Texas (1827) de- 
clared " that in all the towns of the State a suitable number 
of primary schools shall be established, wherein shall be 
taught reading, writing, arithmetic, the Catechism of the 
Christian religion, a brief and simple exphmation of this 
Constitution and that of the Republic, the rights and duties 
of men in society, and whatever else may conduce to tlie 
better education of youth." This was a dead letter upon the 
statute book. There were, however, a few private schools 
in Texas. In 1824, S. Richardson taught in San Felipe; 
Henry Smith taught in Brazoria County in 1827, and Thos. 
J. Pilgrim in 1828. Pilgrim afterward taught in San Felipe, 
where he organized the first Sunday-school in Texas. Miss 
Trask taught in Cole's Settlement (Independence), and 
other schools were opened for short periods in various neigh- 
borhoods. In 1832, the Bexar memorialists stated " that there 
was but one school in San Antonio, the teacher of which 
was paid twenty-five dollars per month by his patrons." 

11. Under the colonization laws, all colonists professed 

9. Give Almonte's estimate of the exports and imports of the different depait- 
ments. 

10. What provision did the Constitution of 18-27 contain in favor of education ? 
Were public schools established under this provision ? Name some of tiie teachers 
of private schools. 

1 1 . What faith did the early colonists profess ? What plaoes were regularly 



68 * SCHOOLS— CHURCHES. 

the Eoman Catholic faith. There were, generally, regular 
priests at San Antonio, Goliad, and Nacogdoches. The 
American population had, however, no churches, and only 
occasional visits from priests. In 1830, Father Michael 
Muldoon, an Irishman, visited most of the settlements, ad- 
ministering baptism and marrying such as desired these 
rites. In the absence of a priest, parties were married by 
a boud. Father Henry Doyle was the regular priest at San 
Patricio. "In 1833," says Almonte, "the only vicar in San 
Antonio died of cholera, leaving but one curate to the de- 
partment." 

12. Texas was also occasionally visited by Protestant min- 
isters. In 1822, Rev. Henry Stevenson (Methodist) preached 
in various neighborhoods. He did the same in 1824. In 
1826, Rev. Joseph Bays (Baptist) preached at the house of 
Moses Shipman, on the Brazos. In 1832, Sumner Bacon 
(Cumberland Presbyterian) passed through the various set- 
tlements, acting as agent for a Bible and Tract society of 
Natchez. In 1833, a Baptist church was organized in 
Austin's Colony; a Methodist church in East Texas, near 
San Augustine ; and a Cumberland Presbyterian church in 
North Texas, on Red River — this last by Rev. M. Estel. 
In 1834, a Methodist camp-meeting was held in Austin 
County, near the residence of the Rev. John W. Kinney, and 
a protracted meeting with the church in East Texas. 

13. Notwithstanding the scarcity of schools and churches, 
society in Texas was unexceptionably good at the close of this 
period. Austin had required of all colonists a cei'tificate of 
good character, and had taken great pains to keep out 

Bupplied with priests ? What priest visited Austin's Colony in 1830 ? In the 
absence of a priest how were parties married ? 

12. Give tlie names of some of the early Protestant ministers in Texas. What 
Protestant churches were organized in 1833 ? 

13. What is said of the morals and social condition of Texas at the close of ttila 
period f 



REFLECTIONS. gg 



criminals and persons of vicious morals. As a general rule, 
the colonists lived in great peace among themselves, were 
honest in their dealings, and practiced a generous hospital- 
ity toward strangers. 

14. Concluding Reflections. — The study of the colonial 
period of our history is well calculated to impress us with 
a sense of the undaunted courage, the indefatigable energy, 
and unconquerable spirit of tlie men who found Texas a 
wilderness and converted it into a garden, introducing and 
establishing, upon a permanent basis, our civil institutions. 
To avoid the appearance of self-glorification, the testimony 
of two intelligent foreigners is appended. 

15. Kennedy, in his *' History of Texas," speaking of 
these pioneers, says: "They are the only people who, in 
defiance of all obstacles, have struck the roots of civilization 
deep into the soil of Texas. Even as I trace these lines, I 
reflect upon their progress with renewed wonder and admi- 
ration. They are, indeed, the original conquerors of the 
wild, uniting in themselves the threefold attributes of hus- 
Dandmen, lawgivers, and soldiers." 

16. M. De Tocqueville, at a still earlier period, in his 
work on America, uses the following language : " It is not 
to be imagined that the impulse of the Anglo-American 
race can be arrested. Their constant progress towards the 
Rocky Mountains has the solemnity of a providential event. 
Tyrannical government and consequent hostilities may retard 
this impulse, but cannot prevent it from ultimately fulfilling 
the destiny to which that race is reserved. No power upon 
earth can close upon the emigrant the fertile wildernesg 
which offers resources to all industry and a refuge from all 
want. Future events, of whatever nature they may be, will 

14. What impression is the study of our colonial history calculated to produce f 
1 .5. Give the purport of Kennedy's reflections. 
1 6. Of M. de Tocqueville'e. 



70 CHBONOLOOIGAL REVIEW QUESTIONS. 

not deprive the Texans of their climate, their bays and rivers, 
or their exuberant soil. ISTor will bad laws, revolutions, or 
anarchy be able to obliterate that love of posterity and 
tliafc spirit of enterprise which seem to be the distinctive 
characteristics of their race ; or to extinguish that knowl- 
edge which guides them on their way. Thus, in the uncer- 
tain future, one event is sure : At a period, which may be 
said to be near, the Anglo-Americans will, alone, cover the 
immense space contained between the polar regions and the 
tropics, and extending from the coast of the Atlantic to the 
shores of the Pacific." 



CHEONOLOGICAL REVIEW QUESTIOlSrS. 

SECOND PERIOD. 

When did Moses Austin obtain his first empreeario contract ? January 18, 1821. 

When did the first colonist? arrive with Stephen F. Austin ? December 31, 1821. 

When and where did the Fredonians organize for war ? At Nacogdoches, Decern 
ber, 1826. 

What celebrated decree was issued April 6, 1830 ? The decree of Bustemcnte 
prohibiting Americans from settling in Texas. 

What troubles occurred in 1832 ? Difficulties with Bradburn at Anahuac, June 13, 
flj^ht with Ugartechea at Velasco, June 25, and fight with Piedras at Nacogdoches, 
August 1. 

What occnrred in 1833 ? A Convention at San Felipe petitioned for a separata 
State government. Austin was imprisoned in Mexico. 



MEXICAN AFFAIRS. 



n 




ox:i^^^-ige^ (B^S^^^^^^^^^^^ 



PERIOD III. 

THE REVOLUTION. 
Includes the Years 1835 and 1836, 



SECTION^ I. 

mexican affairs. — texas without civil gover^n'men't.— 
Austin's return. — the affair at gonzales. — goliad 
taken" by the texans. 

1. Perhaps Texas might have become, and remained, a 
Mexican State, had the Mexicans maintained a republican 
form of government. But the Republic had disappeared. 

Section I. — 1. Did Mexico maintain a republican form of government? 
Who was exercising despotic power? What State etill resisted the authority of 



VI TEXAS WITHOUT CIVIL GOVERNMENT. 

Santa Anna had abandoned the liberal party, and was mak- 
ing strides toward absolute power. The Constitution of 1824 
had been swept away, and the mass of the people disarmed. 
The last republican leader who held out against the usurper 
was Governor Garcia, of Zacatecas. Santa Anna was com- 
pletely victorious in a bloody battle fought near that city on 
the 11th of May, 1835, killing some two thousand repub- 
licans, and taking twenty-seven hundred prisoners. Early 
in April General Cos dispersed the Legislature of Coahuila 
and Texas, then in session in Monclova ; and in July Gen- 
eral Ugartechea was sent to San Antonio with a garrison to 
over-awe the Texans. On the 8th of August the Plan of 
Toluca was formally proclaimed, investing the President with 
dictatorial powers.* 

2. The revolution in Mexico was completed on the 3d of 
October, 1835, when Santa Anna issued a decree suspending 
the functions of all State Legislatures, thus centralizing all 
power in the supreme government at the capital. 

3. The state of chaos in Coahuila left Texas comparatively 
without civil government, though a few of the alcaldes 
still exercised their functions. But the troubles with the 
Indians, and the unsettled state of the country, rendered it 
necessary to have some means of communication between 
different settlements. This led to the formation of Commit- 
tees of Safety in several of the municipalities. On the 17th 

* In a Mexican revolution, the following is the order of proceeding : 1. A 
grito, or grumbling at tlie existiiiLr order of things. 2. A pronunciado, or denun- 
ciation of these evils at a public meeting of the disaffected. 3. Apian ii? proposed 
lor relief. This p\^n derives its name from the place in which it originated, as the 
Plan of Vera Cruz ; of Iguala ; of Toluca. 



Santa Anna? When was the battle of Zacatecas fought? With what result? 
Who dispersed the Legislature at Monclova? When was Ugartechea sent to Texaef 

2. When was the revolution in Mexico completed ? By what decree ? 

3. In what state did the revolution in Coahuila leave Texas? Why were Com* 
mittees of Safety formed? When and where was the administrative council organ 
teed? 



AUSTIN'S RETURN. 73 

of July a number of delegates from adjoining municipali- 
ties met at Suii Felipf^,, and organized au administrative 
council, or committee. 

4. At this period, when the public mind was unsettled, 
Austin re-appeared in Texas, having been released from his 
long confinement. At Brazoria he was greeted by a thou- 
sand citizens, who anxiously awaited his advice. His obser- 
vation of the progress of events at the Mexican capital had 
satisfied him that the time had arrived for the Texan s to act 
with promptness and vigor. He was immediately elected 
Chairman of the administrative council. To secure concert 
of action throughout the province, lie advised the assembling 
of delegates from all municipalities, for a general consulta- 
tion. The election was held on the 3d of October. 

5. Soon after the arrival of Ugartechea at San Antonio, 
he sent Captain Tenorio with about twenty men to Ana- 
huac. A misunderstanding took place between Tenorio and 
a party of Texan s under W. B. Travis. The Mexican offi- 
cers and soldiers were arrested and disarmed; but the 
administrative council at San Felipe, after investigation, 
restored Tenorio and his men to liberty, and returned their 
arms and papers. 

6. Under instructions from headquarters, Colonel Ugar- 
techea ordered the civil authorities in Texas to arrest cer- 
tain citizens, who were obnoxious to the centralists. Santa 
Anna was especially anxious to secnre his former friend, 
Zavalla, and, to capture him, sent a schooner, under Captain 
Thompson, into the Brazos river, A party of Texans, how 
ever, under Captain Hurd, captured Thompson and sent 
him to New Orleans, where he was tried for piracy. He 

4. How was Austin greeted on his return ? What advice did he give ? Whec 
was the election held ? 

5. now was Captain Tenorio received at Anahuac t 

6. What exiled Mexican patriot did Santa Anna order arrested ? 

4 



74 THE AFFAIR AT GONZALES. 

was acquitted of the charge, and subsequently became an 
officer in the navv of Texas. 

7. Gonzales has been denominated the Lexington of 
Texas. A cannon had been given the citizens for defence 
against the Indians. Ugartechea sent Captain Castanado, 
with one hundred and fifty men, to seize this gun and carry 
it to San Antonio. The Texans rallied under Captain 
Albert Martin, and resolved to retain it. On the 29th of 
September, the ferry boats were brought to the east side of 
the river, and a position taken to prevent the Mexicans 
from crossing. By the 30th, the Texan force, at first small, 
had increased to one hundred, and on the 1st of October, to 
one hundred and sixty-eight. A military organization took 
place. John H. Moore was elected Colonel, and J. W. E. 
"Wallace, Lieutenant Colonel. The Texans manned the 
cannon, and on the 2d of October, crossed the river with a 
view of attacking the Mexicans. Castanado asked for a 
parley, proclaimed himself a Eepublican, and wanted to 
know for what the Texans were fighting. Colonel Moore 
replied, and submitted to Castanado the choice of either 
surrendering to the Texans, or joining their ranks. He de- 
clined both alternatives, and the Texans immediately pre- 
pared for an attack. The fight opened with a discharge 
from the cannon. Castanado precipitately retreated towards 
San Antonio, and the Texans returned in triumph to 
Gonzales. 

8. As soon as news of the affair at Gonzales reached lower 
Caney, Captain George Collingsworth collected a few men 
among the planters of Brazoria and Matagorda Counties, for 

T, What place has been denominated the Lexington of Texas ? For what pur- 
pose did Castanado visit Gonzales ? What steps did the Texans take to retain tha 
cannon ? With what result ? 

8. For what purpose did Collinsworth collect his company? When was Goliad 
captured ? 



THE TEXAN8 TAKE GOLIAD. 75 

the capture of Goliad. On the evening in which this partv 
readied the neighborhood of the town they fortunately fell 
in with B. K. Milam, who had escaped from a Mexican 
prison and was making his way to Texas. He at once en- 
tered the ranks as a private soldier, and was foremost in the 
assault. The attack was made on the night of October 8th. 
The garrison was taken completely by surprise, and surrend- 
ered after a short engagement. The Texan s took twenty- 
five prisoners, several pieces of artillery, three hundred stand 
of arms, and about ten thousand dollars in money. The 
place was left in command of Captain Philip Dimmit. 

9. On the 3d of November Captain Westover captured a 
Mexican garrison of twenty men, at Lipantitlan, on the 
Nueces river. Aitev Captain AVestover had paroled the 
prisoners, he was attacked by about seventy Mexicans, 
whom he defeated after a sharp conflict of half an hour. 
The Mexicans suffered severe loss ; one Texan was wounded. 



SECTION II. 



CIVIL GOVERNMENT. — MILITARY OPERATIONS. — INVESTMENT 
AND TAKING OF SAN ANTONIO. 

1. October 16th was the day fixed for the meeting of the 
General Consultation. This name was adopted because the 
term Convention was peculiarly objectionable to the Mexi- 
cans. Only thirty-one members being present on the 16th, 
they adjourned on the next day to November 1st, part of 
the members going to the army, and the others remaining 
to act with the committee at San Felipe. On the 3d of 

9. What other Mexican garrisou was captured eoon afterward ? 
Section II.— 1 • What day was fixed for the meeting of the Consultation • 
\\'Tien was a quorum obtained ? 



7C CIVIL GOVERNMENT. 



I>^ 



ovember a quorum was present, and the body organized by 
electing Branch T. Archer, President, and P. B. Dexter, 
Secretary. The Committee, which since the middle of July, 
had been exercising the functions of government, at once 
turned over all their papers and authority to the Consulta- 
tion. 

2. It was at first thought that the independence of Texas 
would be at once proclaimed. This, however, was deemed 
unadvisable ; and on the 6th of November, a declaration 
was solemnly put forth, which asserted in the preamble that 
Santa Anna had, by force of arms, overthrown the federal 
institutions in Mexico, and that the Texans had taken up 
arms in defence of their rights and liberties ; that Texas 
was no longer bound by the compact, and did not acknowl- 
edge the usurpation of Santa Anna ; that she would con- 
tinue the war until the Mexican soldiers were driven from 
the province; and that, under the circumstances, she had a 
right to withdraw from the Union, but would still adhere 
to the Constitution of 1824. Other resolutions pledged the 
faith of the State to defray the expenses of the army in the 
field, and donated land to volunteers. 

3. On the 12th of November a Provisional Government 
was organized, with Henry Smith for Governor, James W. 
Robinson, Lieutenant Governor, and Sam Houston, Com- 
mander-in-Chief of the regular army. On the same day 
an Executive Council was elected, composed of one member 
from each municipality. 

4. To secure men and means necessary to carry on the 
war, three commissioners were sent to tlie United States. 

2« Did the Consultation proclaim the independence of Texas ? Wbat declaration 
was sent forth November 6 ? 

3. Who was elected provisional Governor ? Lieutenant-Governor? How was the 
executive council formed? 

4. Why were commissioners sent to the United States ? Mention some othex 
icts of the Consultation. 



MILITAR Y OPERA T10N8. 77 

The Consultation, also, before adjournment, suspended the 
issuing of land titles, abrogated the sale of four hundred 
leagues of Texas land, made fraudulently by the defunct 
Legislature of Coahuila; took steps to conciliate the Indians 
in East Texas ; to establish mail lines ; to collect duties ; 
and, in general, to inaugurate civil government. 

5. Til 6 Texans who had, on the first alarm of war, hast- 
ened to the West and gallantly repulsed Oastanado, were 
not prepared for a regular campaign, and many of them soon 
returned to their homes. Those remaining in camp were 
without a recognized leader, or any definite plan of action. 
In this contingency the Council sent General Austin as 
Commander-in-Chief. He arrived at Gonzales on the 10th 
of October, and the soldiers at once placed themselves under 
his orders. 

6. At San Antonio, the Mexican garrison had been 
strengthened by the arrival of General Cos, and numbered 
about one thousand men. The fortifications were repaired, 
and the city put in a thorough state for defense. This city 
was Austin's objective point. With his army he crossed the 
Guadalupe River on the 12th of October, and on the 20th 
arrived at the Mission La Espada, nine miles from the city. 

7. On the 27th Austin sent a detachment of ninety-two 
men, under Colonels Bowie and Fannin, to reconnoitre, and, 
if practicable, select a camping-ground nearer the city. Tiiia 
party passed tlie night at Mission Concepcion, where they 
were discovered by Mexican spies. The camp of the Texans 
was protected on one side by the river. On the morning of 
the 28th they found themselves confronted on three sides by 

5. Were the Texan soldiers prepared for a military campaign? Who became 
commander at Gonzales ? 

6. What was the condition of the Mexican garrison at San Antonio ? What wan 
Austin's objective point ? 

T. Give the particnlars of the battle of Concepciory. 



78 INVESTMENT OF SAN ANTONIO. 



a large body of Mexican soldiers. The Texans took position 
in the low ground on the bank of the stream, out of the 
range of the enemy's cannon. After some severe fighting 
the Mexicans retreated to the city, leaving their cannon on 
the field. In this engagement the Texans had one man 
killed. The Mexican loss was not accurately known. It 
was said sixteen dead bodies were lying near the abandoned 
cannon, which had been fired but four times. 

8. On the 2d of November the Texans moved up the river 
and took a position at the powder-house, one mile east of the 
city, and, soon afterward, at the old mill on the bank of the 
river, closely investing the place. 

9. On the 26th of November General Cos sent out a party 
of men to cut grass for their horses. This party was attacked 
by the Texans, and a running fight took place, the Mexicans 
retreating in great disorder to their fortifications. Two days 
after this fight General Austin, who had been appointed 
Commissioner to the United States, resigned the command 
of the army, and was succeeded by General Burleson. 

10. Burleson's army was composed of volunteers, many of 
whom had left home expecting soon to return. Cold weather 
was approaching, and they were but poorly prepared for a 
winter campaign. The city was strongly fortified. Most of 
the houses were of stone or adobe (dried brick), with small 
openings and flat roofs, affording good positions and protec- 
tion to the besieged. On the east side of the river the old 
fortress of the Alamo had been thoroughly repaired, while 
the buildings adjoining the church and the main plaza, in 
the city, were carefully secured, and the streets barricaded 
and protected with artillery. In view of the position and 

8* When did Austin's army invest the city ? 

9. Give particulars of the ''^ grass figlit.'''* Who pucceeded Austin in command? 

10. Of what kind of troops was Burleson's army composed ? What was the situ- 
ation of San Antonio ? What noted companies joined the Texans y 



INVESTMENT OF SAN ANTONIO. 79 

strength of the enemy, some of Burleson's officers thought 
an assault impracticable. The Texans had been reinforced 
by two splendid companies from New Orleans. They wore a 
gray uniform, and were called the "New Orleans Grays," 
and were under the command of Major R. 0. MorrivS, and 
Captains Breese and William G. Cooke. 

11. To keep the army together it was necessary to com- 
mence active operations, and, at a consultation of oflBcers on 
the 2d of December, an assault upon the city was planned 
for the next day. General Burleson was to remain at head- 
quarters to give general orders ; Colonel Neil, with the artil- 
lery, was to divert the attention of the foe by an attack npon 
the Alamo ; while the main attacking party was to enter the 
city in two divisions, one under Colonel B. R. Milam, who 
led the assault, and the other under Colonel F. W. Johnson. 
The former entered on Acequia, and the latter on Soledad, 
two parallel streets extending northward from the main plaza. 

12. Before daylight on the morning of the 5th, Milam 
took possession of La Garza's house, and Johnson of Vera- 
mendi's. Johnson's column was first discovered, and sub- 
jected to a severe fire of grape and musketry. Soon after- 
ward Milam's division was also fired upon by the guns of the 
Alamo, and also those of the main plaza. So destructive 
was the fire that, for a time, communication between the at- 
tacking columns was interrupted. During the first day's 
fight the Texans had one killed and fifteen wounded. 

13. On the second day the Mexicans, from the tops of 
their flat-roofed houses, and from their breastworks, poured 
an incessant fire upon the Texans, who steadily advanced, 
having five wounded during the day. 

11. Whcrn was the council of war held in Burleson's camp ? On what day did 
the Texans attack the city ? 

12. Give the particulars of the first day's fight. 

13. Of the second. 



80 SAN ANTONIO TAKEN. 

14. Severe fighting continued all the third day. About 
noon a detachment of the assailants under Karnes advanced, 
and, with a crow-bar, effected an entrance into a house, secur- 
ing an advantageous position. While the brave Milam waa 
surveying the situation with a view to ordering a final assault, 
he was instantly killed by a rifle ball. He was succeeded in 
the command by Colonel Johnson. The struggle continued, 
and possession of Navarro's house was obtained in the after- 
noon. Besides losing Milam, the Texans had two privates 
wounded on this day. 

15. The morning of the fourth day of the fight opened 
with a cold, drizzling rain, and there was little firing on 
either side. About nine o'clock the Texans advanced from 
Navarro's house to the Zembrano Row, and, by openings 
through the walls, finally drove tlie enemy from this build- 
ing. During the contest the Mexicans were reinforced by a 
regiment from the Rio Grande under Colonel Ugartechea. 
Late at night the Texans forced their way into the priest's 
house on the main plaza. The Mexicans kept up a furious 
Cannonade all night upon the houses occupied by the assail- J 
ants. The Texans had one wounded (Belden, of the New 
Orleans Grays,) while spiking a cannon. 

16. General Cos, finding it impossible to drive the Texans 
from the square, just before daylight, on the morning of the 
9th, abandoned the city and retreated across the river to tlie 
Alamo. At half-past six o'clock the black flags which had 
been floating over that fortress and the church in town were 
lowered, and soon afterwards a white one was raised over the] 
Alamo. A conference was held, and a surrender of the gar- 
rison took place during the day. Liberal terms were granted 

14. Of the third. 

15. Of the fourth. Which party received reinforcements f 

16. To what place did Cos retire ? What terms were granted to the vtmquished. 
Mention some of the trophies acquired by the Texans. 



A BRILLIANT VICTORY. 81 

to the vanquished. It was said most of the reinforcements 
introduced by Ugartechea were liberated convicts. These ho 
was required to take back across the Rio Grande. Mexican 
officers were permitted to retain their side arms and all pri- 
vate property. A small battery and one hundred stand o: 
Braall arms were returned to the Mexicans for protection 
against the Indians until they reached the Eio Grande. Of- 
ficers and men pledged themselves not to fight against Texas 
during the present war, and such soldiers as chose to do so 
were permitted to remain in San Antonio. The loss of the 
Mexicans in this fight was estimated at one hundred and 
fifty killed, and twelve hundred prisoners surrendered to 
General Burleson. The Texan s captured twenty-one pieces 
of artillery, five hundred muskets, and a large quantity of 
clothing and army stores. 

17. Speaking of this brilliant victory, Burnet says: "We 
regard the taking of San Antonio as, without exception, the 
most difficult, protracted, and gallant achievement that 
graced our revolutionary history, and as exhibiting a more 
patient endurance of the fatignes, privations and dangers in- 
cident to war, than is common in an army of unpaid, undis- 
ciplined volunteers, a portion of whom were strangers, hav- 
ing no predial interests in the country. Colonel Burleson 
did all that duty could require. Colonel Johnson approved 
himself a worthy successor to the brave and skillful Milam, 
while every subordinate officer and every soldier displayed an 
indomitable heroism." "This first essay in the field," says 
Kennedy, *' was astonishingly successful, and the storming 
of Bexar will rank among the most remarkable feats of chiv* 
alric daring." 

1T« Give Burnet's opinion of the figlit. Kennedy's 



82 THE EXECUTIVE COUNCIL, 



SECTION III. 

THE EXECUTIVE COUNCIL. — THE C0:N'VENTI0I5" OF 1836. — 
CONDITION OF THE TEXAS ARMY. 

1. The Executive Council, which was still in session at 
San Eelipe, had adopted such measures as* were deemed 
necessary to prosecute the war. A tariff of import and ex- 
port duties was levied. Six ports of entry were established 
— Sabine, Galveston, Brazos, Matagorda, Lavaca, and Co- 
pano. A judiciary was organized, and two judges ap- 
pointed for each municipality. A regular army was 
provided for, to consist of twelve hundred and twenty 
men. Only two companies of regulars had actually been 
mustered into service, but a full corps of officers was duly 
elected and commissioned.* 

2. On the 10th of December the Council passed a decree 
ordering an election of delegates to a General Convention. 
The twenty-two municipalities were to elect fifty-six dele- 
gates ; the election to be held on the 1st of February, 1836, 
and the Convention to meet in Washington on the 1st of 
March. Governor Smith vetoed the bill because it gave 
Bexar four delegates, and the Governor thought that the 
Mexican population of that municipality would oppose the 
movement. The objection was overruled; but the point 
objected to by the Governor was guarded by prohibiting all 
Mexicans from voting, except those who opposed a central 
government. 

* It may be noted that but few of thope actually in the army were elected officers. 
On the very day the attack was made on San Antonio, Sublett was elected Colonel 
ever Burleson, and it was not until after the news of the capture of the city had been 
received that Johnson was elected a major. 

Section III.— 1 • What measures did the executive council adopt t 
2» What decree passed the Council December 10 1 



CONVENTION OF 1836. 83 



3. It was soon discovered that the Executive Council was 
too unwieldy for prompt action. The Governor could do 
nothing without the sanction of the majority. The mem- 
bers from the different municipalities were constantly 
changing, and the Governor seems to have taken no pains to 
conciliate their good will, or enlist their co-operation in his 
measures. A rupture occurred, and on the 11th of January 
the Council, by a unanimous vote, deposed Governor 
Smith, and installed Lieutenant-Governor Robinson as 
Governor. The Governor declined to surrender his office. 
A wordy controversy ensued, which was protracted until the 
meeting of the Convention in Washington. 

4. The delegates to the Convention assembled in Wash- 
ington on the 1st of March. Richard Ellis, of Red River, 
was elected President, and H. S. Kimble, Secretary. On 
the second day of the session, a declaration of independence 
was unanimously adopted. By the 15th a Constitution had 
been prepared, and on the 16th a government ad interim, 
was inaugurated, with David G. Burnet for President, and 
Lorenzo de Zavalla Vice-President. Sam Houston was ap- 
pointed Commander-in-Chief of the forces in the field. The 
Convention adjourned on the 17th ; and, a few days after- 
ward. President Burnet and the members of his Cabinet re- 
moved to Harrisburg. 

5. The Texan Army, at the beginning of 1836, was not in 
a promising condition. After General Houston had been 
appointed Commander-in-Chief by the Consultation in 1835, 
the Council authorized Colonels Grant and Johnson to raise 

3. Bid the executive and Council act in harmony ? What act passed the Council 
January 11, 1836 ? Who became governor ? 

4. When did tlie Convention meet in Washington ? What act passed March 2 ? 
Who was appointed President ad interim? To what place did the President and 
Cabinet remove ? 

5 . In what condition was the Texan army f Why did not Ilouston contiune in 
command ? 



84 CONDITION OF TEXAN ABMY. 

an army to take possession of Matamoras. The same body 
also authorized Colonel J. W. Fannin, as agent, to collect 
an army for the same purpose. Houston considered that 
these acts had superseded his authority as commander, and 
he took his seat in the Convention at Washington as a dele- 
gate from Kefugio. 

6. After the capture of San Antonio, most of the Texans in 
Burleson's army returned to their homes, while many of the 
soldiers from the United States enlisted in the expedition 
which Johnson and Grant were getting np against Mata- 
moras. The few troops remaining in San Antonio were 
under the command of Colonel John C. Neil, who was soon 
succeeded by Colonel W. B. Travis. Goliad, after its cap- 
ture by Collingsworth, was under the command successively 
of Captains Dimmit, AVestover, Wyatt, and Colonel J. W. 
Fannin. 



SECTION IV. 



PLANS AN"D MOVEMENTS OF SANTA ANNA. — SIEGE AND 
CAPTURE OF THE ALAMO. 

1, Texas was now the only Mexican province that disputed 
the authority of Santa Anna, and he immediately began his 
preparations for its subjugation. His plan of invasion was 
to send his main army across the Rio Grande at Presidio, 
and thence to San Antonio, while a supporting column ad- 
vanced along the coast from Matamoras to Goliad. 

2. Santa Anna arrived at Saltillo toward the last of Jan- 
uary, 1836. On tlie 16th of February he Avas at Guerrero, 

6. What became of Bnrlepon's soldiers after the capture of San Antonio ? Who 
Biicces^ively commanded in that city ? Who were the commanders at Goliad ? 

Section IV,— 1, After the capture of Zacatecas, to what province did Santa 
Anna turn his attention ? 

3* When did Santa Anna arrivo at Saltillo ? How did he propose to enter Tezae f 



PLANS AND MOVEMENTS OF SANTA ANNA. 85 

and wrote to Tornel, Minister of War, giving the outlines 
of his programme in reference to Texas. It was " to drive 
from the province all who had taken part in the revolution, 
together with all foreigners who lived near the sea-coast, or 
the borders of the United States ; to remove far into the in- 
terior those who had not taken part in the war; to vacate 
all land and grants of land owned by non-residents ; to re- 
move from Texas all who had come to the province, and 
were not entered as colonists under Mexican rules ; to divide 
among the officers and soldiers of his army the best lands, 
provided they would occupy them; to permit no Anglo- 
American to settle in Texas; to sell the remaining vacant 
lands at one dollar per acre, allowing those speaking the 
French language to purchase five millions of acres, those 
speaking English the same, and those speaking Spanish 
without limit ; to satisfy the claims of the civilized Indians ; 
to make the Texans pay the expense of the war ; and to 
liberate and to declare free the negroes introduced into the 
province." To prevent Texas from receiving aid from tlie 
United States, an order was issued by Tornel condemning 
as pirates all foreigners who should enter the province with 
arms or munitions of war. 

3. While Santa Anna, with his main army, was preparing 
to make a demonstration upon San Antonio, General Urrea 
was at Matamoras, organizing an auxiliary force to march 
along the coast. 

4. The advance of Santa Anna's army reached the heights 
of the Alazan, overlooking the city of San Antonio, on the 
22d of February. On his approach, Colonel Travis, with 
one hundred and forty-four men, retired to the Alamo. 

How dispose of her population ? How dispose of the land ? The slaves ? Give the 
purport of Torners order. 

3* What Mexican general was at Matamoras? 

4. When did Santa Anna arrive at San Antonio? Where did Travis take refugef 



8Q SIEGE OF THE ALAMO. 

5. Sauta Anna sent a summons to tlie garrison to sur- 
render. This was answered by a cannon-shot from the bat- 
tery. Travis had fourteen cannon, but only a limited supply 
of ammunition. A blood red flag, proclaiming " JVb quar- 
ters" floated over the church in the city. 

6. On the 24th Travis dispatched couriers to San Felipe 
and to Goliad for help. The Mexicans bombarded the fort 
without efl'cct. 

7. On the 25th the Mexicans opened their batteries early. 
Toward noon Santa Anna himself crossed the river, and per- 
sonally superintended the planting of cannon at the powder- 
house on the hill, and also near the walls of the Alamo, 
under the protection of some houses. Late at night the 
Texans sallied out and burned several buildings near the 
fort. 

8. Early on the morning of the 26th a skirmish took 
place, but without decisive results. Santa Anna, having re- 
ceived reinforcements, drew his lines still closer around the 
walls, attempting to cut off the garrison from water. In this 
he failed. At night the Texans again sallied out and burned 
some buildings on the north side of the fort. A continued 
bombardment was kept up, but nothing important occurred 
for several days. 

9. On the 2d of March Captain John W. Smith, with 
thirty-two citizen-soldiers from Gonzales, forced their way 
through the Mexican lines and entered the fort; and, on the 
3d, Travis sent out a courier to the Convention at Washing- 
ton. He says: " I am still here in fine spirits, and weU to 
do. With one hundred and forty-five men I have held thia 

5* How was Santa Anna's summons to suiTender answered ? 
6. What took place on the 24th ? 
7 On the 25th? 

8. On the 26th? 

9. Who entered the Alamo on the 2d of March ? What word did Travis send th« 
Convention on the 3d ? 



ITS J 88A ULT PLANNED. 87 

place ten days against a force variously estimated at from 
fifteen hundred to six thousand, and I shall continue to hold 
it until I get lelief from my countrymen, or I will perish in 
its defence. We have had a shower of cannon balls continu- 
ally falling among us the whole time, yet none of us have 
fallen. We have been miraculously preserved." Daring the 
day Colonel J. B. Boniiam, who had been sent to Goliad for 
reinforcements, returned and rejoined his companions in the 
fort. At night the Texans made an unsuccessful sally in the 
direction of the old mill. 

10. On the morning of the 4th there was cannonading on 
the part of the Mexicans. The Texans, being short of am- 
munition, seldom fired. In the evening Santa Anna con 
vened a council of officers to deliberate upon the propriety 
of an assault. A majority opposed the attempt before the 
arrival of siege guns ; but the General, whose movements had 
always been very rapid, was impatient at this delay, and de- 
termined to assault the fortress. His orders were very care- 
fully and minutely given. There were to be four columns 
of attack under his most experienced officers. Each column 
was supplied with scaling ladders, crowbars and axes. His 
whole cavalry force was marshalled in the rear to prevent the 
desertion of his own unwilling troops and the escape of the 
besieged. Filisola mentions, as a rumor, that during the 
evening Travis proposed to surrender on condition that the 
lives of his men should be spared. This was, probably, an 
unfounded report. 

11. All parties were required to be in their designated 
places, and it was Santa Anna's order that the assault should 
take place at midnight. Besides the main chapel of the 
Alamo there was a court, surrounded by a stone wall, inclos- 

10. What occurred on the 4th of March? Mention Santa Anna's pJan of assault 

11. At what hour did Santa Anna intend to make the assault? What were the 
surroundings of the Alamo ? 



88 ASSA ULT OF TEE ALAMO^TRA VIS— CROCKETT. 

iog two or three acres of ground. Along this wall were some 
stone buildings used as barracks. One of these was a two- 
story building, and all opened into tlie court-yard, though 
they had no connection with each other. 

12. At four o'clock on Sunday morning, March Gth, the 
thirteenth day of the siege, the bugle sounded for a forward 
movement along the whole Mexican line, and a grand assault 
upon the beleaguered garrison. The Texans hastened to 
their guns, and, according to Filisola, " poured upon the ad- 
vancing columns a shower of grape, and musket, and rifle 
balls." Filisola continues: "The three columns that at- 
tacked the west, north, and east fronts fell back, or, rather, 
wavered, at the first fire of the Texans. The columns of the 
western and eastern attacks, meeting with some difficulty in 
reaching the tops of the small houses forming the wall of 
the fort, did, by a simultaneous movement to the right and 
to tlie left, swing northward until the three columns formed 
one dense mass, which, under the guidance of their officers, 
finally succeeded in effecting an entrance into the enclosed 
yard. About the same time the column on the south made 
a breach in the wall, and captured one of the guns of the 
fori" This cannon was commanded by Travis in person, 
and it is likely he fell early in the action, as his body was 
found near his gun. The Mexicans immediately turned this 
piece upon the church, and the Texans, overpowered by 
numbers, finally took refuge in the various buildings, aban- 
doning the yard to the foe. 

13. After this each apartment became a separate battle- 
field, the Texans selling their lives as dearly as possible. 
Crockett was probably alone, as the bodies of no other Tex- 
ans were near him. Around his corpse were a number of 

12, On what day did the assault take place ? Give Filisola's account of the cap- 
lure of the place. Where did Travis fall ? 
1 3* Mention what is known of the death of Crockett. Of Bowk. 



THE CAPTURE^NONE SPARED. %% 



Mexicans whom he had undoubtedly slain in the last con- 
flict. Bowie, who was in the last stage of consumption, was 
confined to his bed, where he was discovered and slain. It 
was reported that he, with his pistol, shot two or three Mex- 
icans as they entered his room. The last place taken by the 
enemy was the church. Further resistance now seemed use- 
less, and, according to a preconcerted arrangement. Major 
Evans attempted to blow up the magazine. He was shot 
just as he was applying the torch. 

14. After all resistance had ceased, three or four Texans 
were found concealed in a room, who appealed for quarter, 
but were immediately put to the sword. Lieutenant Dickin- 
son (one of the officers who had assisted Johnson in the cap- 
ture of the city) had his family with him in the barracks. 
With a child on his back he attempted to leap from one of 
the upper rooms. Both were shot, and fell lifeless to the 
ground. The only persons spared were Mrs. Dickinson and 
daughter (the latter known as the " Child of the Alamo"), 
Mrs. Alsbury and child, and a negro servant belonging to 
Travis. 

15. The garrison numbered about one hundred and eighty. 
A monument, standing at the entrance of the capital, at 
Austin, states that "Thermopylae had its messenger of 
defeat ; the Alamo had none." Greneral Andrade, the officer 
immediately appointed commander in San Antonio, report- 
ed the Mexican loss at eight officers killed, and eighteen 
wounded; enlisted men, fifty-two killed, and two hundred 
and thirty-three wounded. Well-informed Texans put the 
loss of the enemy at from one hundred and fifty to two 
hundred killed, and about twice that number wounded. 

14. How were those treated who appealed for quarter ? Give the fate of Lieuten* 
unt Dickinson. Who were spared ? 

15. How many Texans fell in the Alamo? What was the probable loss of th« 
enpmv ? 



90 UBBEA'8 AD VANCE— SAN PA TBIGIO. 

The bodies of the Texan s were collected in heaps and 
burned.* 



SECTION V. 



CRREA. — SAN PATRICIO. — GRANT. — MASSACRE AT REFUGIO. — 
GOLIAD EVACUATED. — BATTLE OF COLETA. — MASSACRE 
AT GOLIAD. 

1. Simultaneously with the advance of Santa Anna, Gen- 
eral Urrea proceeded along the coast. The advance of his col- 
umn reached San Patricio on the 28th of February. Colonel 
Johnson, with a few Texans, was completely surprised, as he 
had no intimation of the proximity of the foe. But the 
Mexican population of the place had received notice of the 
approach of Urrea's cavalry, and were instructed to keep 
lights burning in their houses, as a signal to their friends. 
Fortunately Johnson was writing until late, and, having a 
light burning in bis room, was not discovered by the enemy, I 
and he and three companions made their escape. From 
prisoners captured at San Patricio the Mexicans learned 
that Colonel Grant, Major Morris, and about forty other 
Texans, were out on a scout for horses. The next day this 
party was discovered and surrounded by a large cavalry 
force, and all the officers, and all but two of the privates, 
killed. 

2. As soon as Fannin, whose headquarters were at Goliad, 
heard of the approach of Urrea, he sent Captain King 

* On the 25th of February, 1837, Colonel John N. Seguin superintended the coUeo* 
tion and proper interment of the bones of these heroes. 

Section V. — 1, When did Urrea reach San Patricio? How did Colonel John- 
Bon escape? What became of Grant and his companions ? 

2. Who was sent to Refugio by Colonel Fannin on the 3d of March ? Who on the 
12th ? What took place on the 14th ? Why did King and Ward separate J 



MASSACRE A T REFUGIO. gj 



(March 3) to Eefiigio, to remove the women and children. 
Fannin, not hearing from the first detachment, on the 12th 
of March sent Captain Ward, with one hundred and twenty 
men, to King's assistance. On tlie 14th the Texans at Ee- 
ingio were attacked by Captain Portelia. The Mexican a 
were repulsed with loss. Three of Ward's men were wounded. 
That night a misunderstanding arose between Ward and 
King as to which was entitled to the command, when the lat- 
ter, with forty-one men, withdrew from the fort to recon- 
noiter. After King's withdrawal Ward received orders to 
fall back, and rejoin Fannin at Victoria. As it was impos- 
sible to transport his three wounded men, he supplied them 
with water and left them in the old mission. 

3. In the darkness of the night King and his company 
were lost, and, in crossing the river, their ammunition was 
seriously damaged. In this condition, the next morning 
(March 16), he was surrounded by the enemy, and, seeing 
no other alternative, surrendered his men as prisoners of 
war. They were marched back to Refugio, and, six hours 
afterwards, by an order of Urrea, taken out a few rods from 
tlie mission and shot! The three wounded men left by 
Ward suffered the same fate. 

4. During the siege of the Alamo Fannin attempted to go 
to its relief, but was unable to do so for want of teams to 
transport his cannon. In the meantime he received orders 
from General Houston to fall back to Victoria, and at 
once prepared for a retreat. On the 16th of March he dis- 
mounted his guns, throwing some into the river, intending 
to move early jiext morning. Just at night Captain Hor- 
ton, of the cavalry, reported a strong force of the enemy 
In the immediate neighborhood. Fannin remounted his 

S. What became of King and his men f 

4. Why did Fannin not go to the relief of Travis? When did he retreat from 
Bohad ? 



92 OOLIAB EVACUATED— BATTLE OF COLETA. 

guns and prepai'ed for defence. No attack was made. Tht 
morning was foggy, and, there being no enemy in sight, 
about ten o'clock Fannin, with several pieces of artillery and 
about four hundred men, crossed the river and took up the 
line of march for Victoria. After crossing the Menahuila 
{may-nah-wliee' -lah) Or&ek, and proceeding about eight 
miles, a halt was ordered to permit the oxen to graze. 

5. The march had been resumed, and the Texans were 
within two miles of a skirt of timber on the Coleta Creek, 
when the enemy was discovered in front of them and a little 
to their left, issuing from a point of timber. While the 
Texans halted, a body of Mexican cavalry had passed around 
for the purpose of intercepting their march. The Texan 
cavalry had been sent forward, and, being now completely 
separated from the command, were too few in number to cut 
their way through the enemy's lines and rejoin their com- 
rades. The Texans halted and made hasty preparations for 
defence. After some manoeuvring, Urrea ordered a cavalry 
charge. This was gallantly repulsed by Fannin's artillery. 
After the retreat of the cavalry the Texan cannon waa 
turned upon their infantry, which also retired out of range. 
Another vigorous charge was repulsed, the Mexicans losing 
heavily. Toward night a company of Campeachy Indians, 
concealing themselves in high grass, crawled up within rifle- 
shot of Fannin's camp. The fire from this invisible foe was, 
for a time, quite destructive; but the Texan sharpshooters 
succeeded in dislodging them, and, before dark, all firing 
ceased, the enemy retiring out of reach. Fannin had lost 
seven killed, seven mortally, and sixty badly wounded. 

6. When the fire slackened the Texans improved the time 

5. At what point was Fannin's army when the Mexicans appeared in their front! 
Where was the Texan cavalry? Give the particulars of the battle of Coleta. 

6. How did the Texans improve the night? What reinforcements did Urrea r» 
ceive? Give the particulars of the surrender. 



MASSACRE AT GOLIAB. 93 

in throwing up a temporary breastwork and digging a shal- 
low trench. Before daylight Urrea received heavy reinforce- 
ments, iPiCluding a park of artillery. AVithont any adequate 
protection against the enemy's cannon, destitute of water 
(for which the wounded, especially, were suffering intensely), 
situated in a bald prairie, and surrounded by an army five 
times as large as their own, the T"'exans saw no alternative 
but to surrender. A white flag was hoisted, and terms of 
capitulation agreed upon. After nine days' detention, such 
of Fannin's men as wished to return were to be sent to the 
United States. The prisoners were marched back to Goliad 
and confined in the old Mission. 

7. Captain "Ward, who expected to join Fannin at Victo- 
ria, did not reach that place until it was in the possession of 
the Mexicans. He tried to avoid the enemy, but was dis- 
covered, and, with eighty men, surrendered as prisoners of 
war. They, too, were sent to join their companions at Go- 
liad. 

8. Most of these prisoners were from Georgia, and consti- 
tuted what was known as the " Georgia battalion." The 
time for their release was at hand, and they were in fine 
spirits, expecting soon to embark for the United States. 
While these brave men, on the night of March 26, were sing- 
ing '^Home, sweet Home," a messenger arrived from Santa 
Anna with orders for their execution ! This order was too 
faithfully executed the next morning, Palm Sunday, March 
27th. Without warning, the privates, in four columns, 
were simultaneously marched out in different directions, 
each one strongly guarded. When at a short distance from 
the fort, at a given signal, all were halted and shot. The 
most of them were instantly killed. Some, who were only 

•y. What became of Ward and his companions ? 

8, From what State were most of Fannin's men? Give the particulars of the 
horrible massacre. How many Texans were slain ? 



94 TEXAS NOT YET SUBJUGATED. 

wounded, were dispatched with sabres, and a few, by feigning 
death, escaped it. After the privates had been put to death, 
the officers and the wounded were murdered in the fort. 
All the bodies were left unburied, though partially burned 
in a brush fence. Eight physicians and attendants ivere 
spared; twenty-seven made their escape; three hundred and 
thirty were slain. Late in the summer General Rusk had 
the remains of the victims of this massacre collected and 
honorably interred. 



SECTION VI. 



BAKTA ANKA'S NEW ADVAI^CE. — HOUSTOIf RETREATS. — 
CROSSES THE BRAZOS. — CAMPS AT THE MOUTH OP THE 
SAN" JACINTO. — SKIRMISHING, APRIL 20tH. 

1. After the capture of San Antonio and Goliad, Santa 
Anna considered Texas subjugated, and intended himself 
immediately to return home, leaving his generals to re-estab- 
lish Mexican laws and institutions. Almonte, however, to 
whom the task of governing Texas Avas to be committed, and 
Filisola, the military commander, reminded the President 
that all the Texans yet encountered were recent volunteers 
from the United States, and that the real strength of the 
colonists was unimpaired. 

2. Feeling the force of these observations, Santa Anna 
prepared to push three parallel columns into the heart of the 
country. General Urrea, with seventeen hundred men, was 
to proceed along the coast to Brazoria and Galveston ; Gen- 

Sectlon VI.— 1. What did Santa Anna think the capture of San Antonio &i\i 
Goliad had effected ? 

2. How many columns did he determine to push into the interior? Who com- 
manded the northern division ? The central ? 



SANTA ANNA'S AD VANCE— HO USTONS RETREA T. 95 

eral Gaona, with seven hundred and fifty men, to take the 
upper route, by Bastrop, to Nacogdoches ; while the central 
column, of about four thousand, was to advance to Gonzales, 
San Felipe, and Harrisburg. Next to the commander-in- 
chief, Filisola was the ranking officer of this division. The 
troops were put promptly in motion. General Sesma com- 
manding the advance of the central column. 

3. General Houston arrived at Gonzales on the 11th of 
March, and found about five hundred men in the army, most 
of whom had been in the campaign of 1835. The same 
evening news reached the camp of the fall of the Alamo, and 
the expected advance of Santa Anna. As Houston's force 
was inadequate to cope with the enemy, he ordered a retreat. 
This was commenced about midnight, March 12, the fami- 
lies removing with the army. In the confusion resulting 
from this hasty evacuation, most of the buildings in town 
were burned. The Texans reached the Navidad on the 14th, 
and the Colorado, at Burnham's, on the 17th. When he 
crossed the Colorado, Houston's army had increased to six 
hundred men. 

4. He descended the river, on the east side, to the old Atas- 
cosita crossing (Columbus), where he remained until the 2oth. 
Recruits continued to arrive until he had an army of twelve 
hundred to fifteen hundred men. On the 26th the Texans 
took up the line of march for San Felipe. Many of the sol- 
diers, whose homes were west of the Brazos, then left, to se- 
cure the safety of their families. Instead of crossing the river 
at San Felipe, Houston changed his course up the stream, 
crossed Mill Creek, and camped in the Brazos bottom, oppo- 
si'ie- Groce's, from the 29th of March until the 12th of 
April. 

3> When did Houston arrive at Gonzales? Retreat from that place? Arrive M 
the Colorado ? 
4. Where was Houston on the 25th ? Where did he camp March 29 ? 



96 ATTEMPTS TO BE8I8T SANTA ANNA'S ADVANCE. 

5. While Houston was camped at the Colorado, the ad- 
vance column of the enemy, under Sesma, reached Colum- 
bus. On the day that Houston crossed Mill Creek, Santa 
Anna started the bulk of the central column from San An- 
tonio to follow Sesma. The general himself and his per- 
sonal staff left the city March 31, and arrived at Columbus 
on the 5th of April. Leaving the heavy ordnance and most 
of the infantry to follow, Santa Anna hastened on, and 
reached San Felipe on the 7th. A small company of deter- 
mined Texans, under Captain Mosely Baker, disputed the 
passage of the river, and Santa Anna turned down to seek 
another crossing. He arrived at Cole's, on the Bernard, on 
the 9th, rested on the 10th, and sent out a foraging party 
to the neighboring plantations at Egypt, to procure sup- 
plies of corn, sugar, bacon, etc.* 

6. On the 11th Santa Anna reached Powell's, and ex- 
pected to arrive at Richmond and surprise the place before 
daylight on the 12th ; but, being deceived as to the dis- 
tance, the morning was well advanced before he entered the 
town. There were two ferries at the " Old Fort," as the 
place was then called. The upper ferry, kept by Mr. 
Thompson, was guarded by a company of forty-six men, un- 
der Captain Martin. When the alarm was given, men were 
pent to Morton's ferry to sink the boat. But it was too late. A 
jiegro, having crossed over, gave the boat up to the Mexicans. 
Captain Martin, unable to repel so large a force, hastened 

♦While at Cole's, a nesro prisoner was brought in. Siinta Anna released him 
a^id told him to go and tell Houston that he (Santa Anna) knew wliere Houston was, 
up in the bottom, and, as soon as he had cleaned out the land thieves down at out 
Harrisburg, he would come back and smoke him out. The negro reached Houston 
when he was at Donaho's, and faithfully delivered Santa Anna's message. 



5. When did the Mexican advance reach the Colorado? When did Santa Anna 
reach San Felipe ? Why did he not cross ? Where was he on the 10th ? 

6. Where was he on the 11th? What Texan officer guarded the crossing at Rich- 
mond ? How did the Mexicans succeed in crossing ? Whose gin-house was burned 
on the 15th ? When did Santa Anna reach Harrisburg? 



HOUSTON AT THE MOUTH OF THE SAN JACINTO. 97 

up the river to join Houston. On the 15th Santa Anna 
dined at Stafford's, and obtained a fresh supply of bacon 
and corn. Before leaving, the gin-house was burned. Late 
that night the Mexicans reached Harrisburg. 

7. On the same days that Santa Anna's party crossed the 
Brazos at Richmond (April 12 and 13), General Houston 
crossed at Groce's. The steamboat Yelloivstone was im- 
pressed to facilitate the crossing of troops, horses, and bag- 
gage. At Donaho's, on the loth, Houston received a couple 
of guns.* 

8. The Texans made forced marches to intercept the enemy, 
camping at Roberts's on the night of the 16th, and at Mrs. 
McCurley's, at Spring Creek, on the 17th, and at Harris- 
burg on the 18th. Here the sick, the camp baggage, and a 
small guard were left, while the main army crossed the 
bayou and hastened on to Lynchburg, reaching their camp, 
opposite the mouth of the San Jacinto, on the forenoon of 
the 20th. 

9. Santa Anna, after remaining two days at Harrisburg, 
marched with his advanced column down to New Washing- 
ton. On the morning of the 20tli he started a small boat, 
loaded with provisions, up to Lynchburg, where he, perhaps, 
intended to cross his army and march eastward. The boat 
fell into the hands of the Texans, and furnished an accept- 
ttble supply to hungry soldiers. About 9 o'clock in the 
morning (April 20th), Santa Anna's scouts notified him of 
the arrival of Houston's army at Lynchburg. This was the 

♦These guns had been pent as '^hollow ware,'''' from Cincinnati, and taken 
from Galveston up to Harrisburg on the schooner " Kosciusko,'''' Captain Burns. The/ 
were the "Twin Sisters," and, in 18C1, were at Baton Rouge, La. 



T. Where and on what days did Houston's army cross the Brazos? 

8 . Where did the Texans camp on the 16th ? On the 17th ? 18th ? When did 
Houston's army reach the San Jacinto battle-ground ? 

9. Where was Santa Anna on the 20th.? How was he affected when he heard of 
tlie approach of Houston ? At what time did he reach the battle-ground ? 

5 



98 SKIRMISHING, APRIL 20TU. 

first intimation the Mexican commander had that the Tex- 
ans really intended to meet him in battle. The line of de- 
fence furnished by the Guadalupe, the Colorado, and the 
Brazos rivers, had been passed without difficulty, and he be- 
ll evc-d the Texans would continue their retreat to the Sa- 
bine. According to the statement of his own officers, when 
Santa Anna learned the proximity of Houston's army, that 
veteran general became very much excited, entirely losing 
his usual presence of mind. The Mexicans were ordered 
immediately to Lynchburg, a few miles distant. About the 
middle of the day the Mexican scouts came in sight of the 
camp of the Texans, and, by the middle of the afternoon, the 
whole force, with the commander, had arrived and camped 
within about a mile of the Texans. 

10. Toward evening, the artillery of the Mexicans, sup- 
ported by cavalry, was deployed in front and a little to the 
right of the Texan camp. The '^ Twin Sisters" were placed 
in position, and General Sherman, in command of the Texas 
cavalry, marched out to repeal this threatened attack. The 
discharge of the Texan cannon, and the gallant charge of 
Sherman, checked the advance of the enemy. In this ac- 
tion there were some heroic feats of individual daring. 
Walter P. Lane being nearly surrounded by a squad of 
Mexican cavalry, M. B. Lamar dashed over one Mexican 
horseman, disarmed and dispatched another, and thus se- 
cured Lane's escape. In this skirmish the Texans had one 
man wounded, and several horses killed. 

lOi Give the particulars of the skirmish on the afternoou of April 80. 



BATTLE OF SAN JACINTO. 99 



SECTION VII. 

BATTLE OF SAN" JACINTO. — BATTLE-CRY OF THE TEXANS. — 
THEIR CH'ARGE. — TOTAL ROUT OF THE ENEMY. — CAPTURE 
OF SANTA ANNA. 

1. About 9 o'clock on the morning of April 21st, 1836, 
General Cos arrived at tlie Mexican headquarters with 
five hundred additional troops, swelling Santa Anna's force 
to about sixteen hundred men. To meet this army, Gen 
eral Houston had seven hundred and eighty-three men. 
Soon after the arrival of Cos, Deaf Smith was dispatched 
from the Texan camp to burn Vince's bridge, across Sim's 
Bayou. The whole Mexican army had crossed this bridge, 
and knew of no other chance of retreat. 

2. About 12 o'clocii" m., a council of officers met in the 
Texas camp. A little after 3 o'clock in the afternoon, the 
troops were paraded for action. The First Texas Regiment, 
under Burleson, occupied the centre, having the Mexican 
breastworks and cannon immediately in front. The Second 
Regiment, under Sherman, was at Burleson's left ; on his 
right Avas tlie artillery, commanded by Hockley, supported 
by four companies of regulars under Millard, and by the 
cavalry under Lamar. 

3. At the sound of the bugle, about 4 o'clock, the whole 
Texas line shouted the battle-cry, " Rememher the Alamo /" 
^'' Rememher Goliad!'^ and rushed impetuously upon the 

Section VH,— 1, After the arrival of Cos, how many soldiers had Santa Anuaf 
Uow many had Houston ? Who was sent to burn Vioce's bridge? 

2* What took place at Houston's headquarters at 13 o'clock M., April 21? Give 
the disposition of the Texas troops for the battle. 

3. At what hour did the bugle sound the charge? What was the battle-cry of the 
Texans ? How did the Mexicans receive the charge ? What is said of Castrillon f 
What became of most of the higher oflScers ? To whom did Almonte surrender ? 



i'OO THEENEMTROUTED— SANTA ANNA CAPTURED. 

foe. The Mexicans, at that late hour, were not expecting 
an attack. Many of them were taking their evening siesta, 
Santa Anna confessed he was asleep. Only a few, compar- 
atively, were brought into action. Before their lines were 
formed, the Texans bad charged over their breastworks, 
taking their cannon. The Mexicans fled in confusion, 
leaving their camp and baggage to the victors. With the 
battle-cry of "The Alamo!" and "Goliad!" ringing in the 
ears of the Texans, there was a fearful slaughter of the foe 
as long as there was any show of resistance. A few Mexican 
officers displayed heroic courage. Among them, General 
Oastrillou fell, trying in vain to rally his men. Many of the 
flying Mexicans were overtaken in a marsh in the rear of 
their camp. Most of their higher officers, including Santa 
Anna, contrived to escape from the field. Almonte, who 
was better acquainted with the character of the Americans 
than the others, collected some two hundred and fifty of the 
Guerrero battalion, and surrendered them as prisoners of 
war to General Eusk. 

4. Most of the flying Mexicans made their way towards 
Vince's bridge. A few succeeded in crossing the boggy 
bayou, but the most of them, when they found the bridge 
burned, scattered in the prairie, or concealed themselves in 
clumps of bushes along the bank. Santa Anna spent the 
night in one of these thickets. Towards morning he left it, 
and concealed himself in the long grass on the prairie, 
where, disguised as a private soldier, he was found by a party 
of Burleson's men who had been sent in pursuit of the fugi- 
tives. A fine gold button in his shirt induced his captora 
to suspect that their prisoner was an officer, but they had 
no idea of his rank until they entered the camp, when the 
other Mexicans cried out " El PresidenteJ^ 

4. In what direction did the Mexicans flee? Where did Santa Anna pa88 th« 
tiiiiht? By whom was he discovered ? 



RESULTS OF THE VICTORY. 101 

5. The Texans lost eight killed, and (including General 
Houston, severely wounded in the ankle) twenty-five wound- 
ed. The loss of the Mexicans was six hundred and thirty 
killed, two hundred and eight wounded, and seven hundred 
and thirty prisoners, including the President of Mexico, the 
boasted Napoleon of the West. The Texans captured all 
the artillery and camp stores of the enemy, and the military 
chest containing twelve thousand dollars in specie. The per- 
sonal property of Santa Anna, and of other officers, was re- 
stored. The specie and stores were divided equitably among 
the victors. General Houston had been grievously com- 
plained of for his Fabrian policy of retreat, but the result of 
the battle of the 21st fully vindicated his course, and im- 
mortalized the field of Sak Jacinto. 

6. "The victory," says Yoakum, "was physically and 
morally complete. The blow was given at the proper time, 
and in a vital part. In looking back upon the events of the 
campaign, we can see no time when it could have succeeded 
so well. Providence seemed in every way to favor the re- 
sult. It was a full retribution for past outrages. Santa 
Anna had presided over a feast of blood at the Alamo ; he 
bad ordered a second at Goliad ; and he was made to behold 
another at San Jacinto." 



SECTION VIII. 

KETREAT OF FILTSOLA. — PRESIDENT BURNET. — TREATY WITH 
SANTA ANNA. — AFFAIRS IN EASTEJIN TEXAS. — TEXAS 
NAVY. 

1. Filisola had just crossed the Brazos at Eichmond, when 

6. How many did the Texans lo?e in the battle? What was the Mexican loss? 
How mnch specie fell into the hands of the victors ? 
6* Give Yoakum's reflections on the victory. 
Section VIII.— 1 * Where was FilisoJa when he heard of the battle ? HoTf 



102 FILISOLA'S RETREAT— PRESIDENT B URNET. 

he heard of the disaster of the 21st. At General Houston's 
suggestion, Santa Anna wrote a letter to this officer, advis- 
ing him to fall back across the Colorado and await orders. 
On the 25th, four days after tlie battle, Gaona's division from 
Bastrop, and Urrea's from Matagorda, joined Filisola at Pow- 
elTs, on the Bernard. B^'ilisola then had an army of four thou- 
sand and seventy-eight men. But his ammunition had been 
damaged by rain, and he was short of provisions. A coun- 
cil of officers advised a retreat across the Colorado ; but the 
prairies were boggy and the waters high, and it was the 9th 
of May before they succeeded in crossing the river at Colum- 
bus. At Victoria, on the 14th of May, Filisola was joined 
by General Andrade, with the troops left at San Antonio. 
The retreating army reached Goliad on the 26th of May, 
and during the month of June re-crossed the Rio Grande, 
leaving no Mexican soldiers in Texas except those held as 
prisoners of war. 

2. President Burnet, at Harrisburg, was busily emploj^ed 
in putting the machinery of civil government in motion, 
when the approach of Santa Anna rendered it necessary that 
he should make provision for the safety of his family, then 
at his home on San Jacinto Bay. He just escaped being 
captured at Harrisburg, and at NeAV Washington incurred a 
still greater hazard. He was placing his family in a little 
boat for Galveston, when a squad of Mexican cavalry, under 
Almonte, galloped up. The boat was pushed off and sail 
hoisted, he standing with his rifle at the stern, ready for de- 
fence. 

3. As soon as the President at Galveston ascertained that 

many men diil he have on the 25th ? What course did his officers advise ? When 
did he cross the Colorado? Where and when was he joined by Andrade ? When 
did he cross the Rio Grai)de ? 

2. How was President Burnet employed? How did he escape from Almonte? 

3. How did he aid the army? How long was it before he received news of the 
battle? When did he and his cabinet reach the battle-ground ? 



TREATY WITH SANTA ANNA. 103 

the Texas army was on Buffalo Ba3^on, he, in conjunction 
with Robert Potter, Secretary of the Navy, loaded some 
small steamers with supplies, and started them for Lynch- 
burg. The machinery of one of these vessels got out of 
order, and another ran aground on Red Fish Bar, so that 
neither of them arrived at the Texas camp until after the 
battle. Under the supervision of Colonel A. Huston, of the 
staff, and Colonel James Morgan, cannon had been brought 
from the Brazos, and from Matagorda Bay, and Galveston 
Island fortified for defense. In these days of telegraphs and 
railroads, it seems incredible that the news of the glorious 
victory at San Jacinto did not reach Galveston, forty miles 
distant, for six days! As soon as the President heard of the 
victory, he started for army headquarters, accompanied by 
the members of his cabinet then with him. They arrived at 
Lynchburg, May 1st, and, after a full consultation, entered 
into an armistice with Santa Anna on the 3d of May. The 
outlines of a treaty were also agreed upon. 

4. General Houston gave up the command of the army on 
the 5th, that he might visit New Orleans for surgical aid. 
He was succeeded by General Rusk, Avhile Lamar took 
Rusk's place as Secretary of War. 

5. For better accommodation, on the 8th of May Presi- 
dent Burnet and cabinet, and Santa Anna with his personal 
staff, took a steamer for Galveston, and thence to Velasco. 
At the latter place, on the 14tli of May, a definite treaty was 
agreed upon with Santa Anna. By this treaty the Mexicans 
wei*e to evacuate the country, and all prisoners, on both sides, 
to be released. Santa Anna was to be sent to Vera Crnz, where 
he pledged himself to use his best endeavors to induce Mex- 
ico to acknowledge the independence of Texas. 

4. Why did Houston resign the command of the army ? WTio succeeded him? 

5. To wlmt place did the President remove ? Mention some of the provisions of 
the treaty with Santa Anna. 



104 AFFAIRS IN EASTERN TEXAS— TEXAS NA VT. 

6. Though East Texas was not actually invaded, it was 
known there that Gaona's division had started for JSTacog:- 
doches. At the latter place were many Mexicans believed to 
b6 in sympathy witlx Santa Anna, and to cherish a special 
hatred toward the Americans. Many Indians were also in 
the neighborhood. These maintained a position of " armed 
neutrality." It was, moreover, believed that if a reverse 
should befall the army under Houston, the defenseless in- 
habitants would become a prey to these semi-barbarous 
tribes. John A. Quitman, with a small company, arrived at 
Nacogdoches on the 12th of April, and found the citizens 
in such a state of alarm that he tendered his company to 
protect the town and aid families in crossing the Sabine. 
As the most of these Indians had immigrated from the 
United States, and were properly under the jurisdiction of 
that government, General Gaines, then in command at 
Natchitoches, was preparing to cross the Sabine to overawe 
them, but the decisive battle at San Jacinto rendered this 
precaution unnecessary. 

7. Among the defensive measures adopted by the Presi- 
dent was one for the organization of a navy. Three vessels 
were procured and put in commission: the Invincible, 
Captain Brown, and the Brutus, Captain Hurd, each 
mounting eight guns, and the Independence, Captain 
Hawkins, having eight guns and a nine-pounder pivot. 
Early in April the Invincible had a two hours' fight with 
the Montezuma, a Mexican war vessel, in which the lat- 
ter was disabled and stranded near Brazos Santiago. A few 
days afterwards Captain Brown captured tlie Pocket, \ 
vessel laden with stores for the Mexican army, and took her 

6. What was the situation in Eft?t Texas? Who offered to protect the citizens of 
Nacogdoches ? Where were these Indinna from ? 

7. How many vessels were procured for a navy ? Mention some of its captures 
How did these captures aid the army? 



AN EMBARRASSING QUESTION. 105 

into Galveston. It furnislied a very opportune supply for 
the Texans and their Mexican prisoners. These vessels 
nearly swept Mexican commerce from the Gulf, and, by 
cutting off Filisola's supplies, compelled that general to 
hasten his departure from Texas. 

8. During the summer, Major Isaac W. Burton, who had 
a few soldiers at Copano, succeeded in capturing three Mex- 
ican transports. From these captures his company received 
the name of " horse marines." 



SECTION IX. 



AIT EMBARRASSING QUESTION".— TREATMENT OF SANTA AN- 
NA. — DIPLOMATIC RELATIONS WITH THE UNITED STATES. 
— INAUGURATION OF CONSTITUTIONAL GOVERNMENT. 

1. A QUESTION which now seriously disturbed Texas was 
the proper disposal of the captive President of Mexico. Not 
a few thought he ouglit to be tried by a drum-head court- 
martial and shot. Others were in favor of retaining him as 
a prisoner, to be disposed of as future circumstances might 
dictate. A few others thought, with President Burnet and 
the majority of his cabinet, that he should be sent to Vera 
Cruz, as had been agreed upon in the treaty. In accordance 
with that agreement, Santa Anna, Almonte, and a few other 
Mexican officers, were, on the 1st of June, placed on board 
the Invincible, then lying in the harbor of Yelasco, to be 
Bent home. He was to be accompanied by Vice-President 
Zavalla, and Secretary of the Treasury Hardeman, who went 
as commissioners to negotiate a treaty with the Mexican gov- 

8» What name was t^lven to Major Barton's command ? 

Section IX.— 1. What question seriously agitated the country? What wa« 
done with Santa Anna on the 1st ol' June ? 



106 TREATMENT OF SANTA ANNA— DISSATISFACTION. 

ernment, and to secure the acknowledgement of Texan 
independence. 

2. When it was known that Santa Anna had been placed 
on one of the vessels of the navy to be sent liome, a most in- 
tense excitement was created throughout the country. To 
add to this excitement, on the 2d of June a large number of 
volunteers arrived from the United States under Colonel 
l^homas Jefferson Green. These men, who had heard of the 
bloody massacres at the Alamo and Goliad, joined in the 
demand for the disembarkation of Santa Anna and his suite. 
President Burnet, who was powerless to resist the clamor, 
finally yielded, and the prisoners were again brought on 
shore and placed in charge of Major Patton, of the army.* 
- 3. The Texas army, under General Kusk, followed the 
retreating Mexicans to the west, to see that they evacuated 
the country according to the treaty. Large numbers of re- 
cruits arrived from the United States, and, notwithstanding 
the discharge of those who had participated in the g'reat 
battle of San Jacinto, as their terms of service expired, Eusk 
soon had about two thousand men. The country was desti- 
tute of resources to support such an army. The soldiers com- 
plained of the neglect of the government, and especially of 
President Burnet. This dissatisfaction was so great tliat, 
at a mass meeting in camp, the President was ordered under 
arrest. 

• In his " History of the Government," ad interim. President Burnet saj'S that 
"from this time forward he neither assumed, or pretended to assume, any con- 
trol over the prisoners. The military had seized them, and were alone responsible 
for having subsequently put Santa Anna in irons. The civil government was power- 
less. The appearance of a strange schooner in the Brazos River induced the belief 
that an attempt would be made to rescue the prisoner. Hence he was removed, first 
to Columbia, then to Orizaba, the residence of Dr. Phelps, twelve miles above 
Colui.ibia, and placed in irons. At the meeting of Congress his irons were removed, 
and, after the adjournment of that body, General Houston released him and seni 
him, at his own request, to Washington." 

2. Why was he again brought on shore? In whose charge was he placed f 

3. How was the army employed? Of what did the soldiers complain? 



DIPLOMATIC RELATIONS WITS UNITED 8TATE8. 107 

I. Fortunately the ojQBcer sent to Velasco did not attempt 
forcibly to carry out his informal orders. On the other 
hand, the people complained bitterly of the soldiers, parties 
of whom, passing through the country without officers to 
control them, took whatever they needed, sometimes pressing 
oxen and horses from before the plow, and, in some instances, 
killing milch cows for beef, or taking the last bushel of 
corn a family had reserved for seed or for bread. Tlie Presi- 
dent and his co-laborers in the cabinet did all in their power 
to supply the wants of the army, to afford protection to the 
people, and to sustain civil government. 

5. The agents sent out by the convention having returned 
to Texas in May, President Burnet despatched Messrs. Peter W. 
Grayson and James Collingsworth as envoys to establish diplo- 
matic relations witli the United States, secure the recognition 
of Texan independence, and ascertain the practicability of 
the annexation of Texas to the Union. In return, President 
Jackson sent Henry M. Morfit as commissioner to Texas, to 
inquire into the condition, resources, and population of the 
country, and to report. 

6. On the 23d of July, President Burnet issued a procla- 
mation ordering an election for President, Vice-President, and 
members of Congress. The people were also to vote on the 
adoption of the Constitution which had been framed by the 
cc>uvention in March, and also on the question of annexation. 
The President had revoked all letters of marque and repri- 
iBal, and all commissions of officers of the army and navy not 
m actual service. The unsettled state of Mexico secured 
Texas from danger from that quarter. Propitious rains had 
fallen, and, notwithstanding the late planting, the farmers 
made good crops. 

4. Was the Prei?ident arrested ? Of what did the people complain ? 
5« What country was the first to establish diplomatic relations with Texas ? 
6. When did the President issue his proclamation for an election ? What waa 
the condition of the country ? 



108 CONSTITUTIONAL 00 VERNMENT IN A UQ URA TED. 

7. A settlement had been formed by the Parker family, 
and a fort erected near where Springfield now stands, in 
Limestone county. On the 19th of May, 1836, this fort was 
surrounded by about three hundred Comanche Indians. 
There were thirty-three persons in the fort, but only five 
able to bear arms. These were all killed. One white woman 
was wounded; two others, and three children, were taken 
prisoners. The others escaped, and were six days in the wil- 
derness without food. 

8. At the election, held in September, Sam Houston was 
elected President, and M. B. Lamar, Vice-President. The 
Constitution was adopted by an almost unanimous vote, and 
the vote was equally strong for annexation. 

9. Congress met at Columbia on the 3d of October, and, 
though the Constitution had fixed the second Monday in 
December for the inauguration of the new government, the 
President and Vice-President resigned, and, on the 22d of Oc- 
tober, Generals Houston and Lamar were duly installed in 
their respective offices. Thus closes our Revolutionary Pe- 
riod, a period that furnishes the darkest and the brightest 
page in Texas history. 

7, Give the particulars of the fight at Parker's fort. 

8, Who was elected President? Vice-President? 

9, When and where did Congress meet ? When were the newly elected ofBceri 
UstaUedf 



CHBONOLOGIGAL REVIEW QUESTIONS. lOS 



CHRONOLOGICAL REVIEW QUESTIONS. 

THIRD PERIOD. 

When and where did the first fight of onr Revolution take place ? October 8, 
1835, at Gonzales. 

When did the Texan s take Goliad ? October 9, 1835. 

Date of the battle of Concepcion ? October 28. 

When did the general consultation meet? November 3. When organize a pro- 
visional government ? On the 12tli. 

When was the " grass fight " ? November 26. 

When did the Texans begin the attack on San Antonio? December 2, and tho 
^i^ surrendered December 9. 

When did Santa Anna arrive at Bexar ? February 22, 1S36. 

Date of tlie Declaration of Texas Independence ? March 2, 1836. 

Date of the massacre of the Alamo ? March 6. 

Of the organization of the government ad interim? March 16. On the same day 
King's men were killed at Refugio byUrrea. 

Date of battle of Col eta ? March 17. 

Of Fannin's massacre ? March 27. 

Of the Battle of San Jacinto ? April 21. 

Where and when did the first Congress of Texas meet? At Columbia, October &. 
»nd the constitational goyernment was organized October 22, 1836. 



no 



HOUSTON'S FIRST ADMINISTRATION. 




PERIOD IV. 

TEXAS A REPUBLIC. 

Fecm 1837 TO 1845. 



SECTION I. 



HOUSTON" S FIRST ADMINISTRATIOJq". — IN'DEPEN'DEI^CE 
RECOGNIZED BY THE UNITED STATES. 

1. The President, after his inaugural address to Congress, 
delivered to the Speaker of the House his sword, saying, " It 
now becomes my duty to make a presentation of this sword, 

Section I.— 1. Wlio was the first President under the Constitution? Sam 
Houston. What disposition did Houston make of his sword ? 



CONGRESS— PUBLIC DEBT— HOMESTEADS. HI 

the emblem of my past office. I have worn it with some 
humble pretensions in defense of my country; and should 
the danger of my country again call for my services, I ex- 
pect to resume it, and respond to that call, if needful, 
with my blood and life." 

2. He found Congress fully organized, and its committees 
at work on the subjects recommended by President Burnet 
at the opening of the session. 'JMie duties devolving upon 
this body were responsible and arduous, and its members 
applied themselves to their work with commendable zeal 
and fidelity. After a three months' session, Congress ad- 
journed, to meet in the new town of Houston, on Buftalo 
Bayou. 

3. Congress authorized the President to negotiate a loan 
of $500,000, and provision was also made for the collection 
of an ad valorem tax, and a small impost duty. The loan 
was not effected, the President receiving no proposals which 
he thought advisable to accept. The public debt was esti- 
mated at $2,000,000. 

4. The public domain of Texas constituted its principal 
resource for paying the revolutionary debt. Liberal grants 
were made to every soldier in the campaign of 1836. In view 
of the paucity of population, it was also deemed advisable to 
continue to grant homesteads to immigrants. Since the 
breaking out of the revolution in 1835, the land office had 
been closed. It was believed a great many fraudulent and 
forged land certificates were in circulation, and it was ex- 
pected that, as soon as the land office was re-opened, these 
illegal claims would be presented for titles. Surveys had 
not been carefully made. Every man located his certificate 

2. Upon what was Congress engaged ? To wliat place iid Congress adjourn ? 

3. What laws passed to raise a revenue ? 

4. What disposition was made of the public land? What is said of fraudulent 
^and certificates ? 



112 LAND COMMISSIONERS— TREATY NOT FTILFILLED, 

whereYer he found vacant land that suited him; but, in 
many instances, an earlier location covered part of the same 
tract. This produced a conflict in titles. 

5. President Houston was very anxious to see a reform in- 
troduced, and the land surveyed in townships and sections 
instead of leagues and labors ; but most of the old colonists, 
who had league claims, opposed this measure, and it was not 
carried out. To prevent fraudulent locations, Congress ap- 
pointed a Board of Land Commissioners, and a County Sur- 
veyor for each county ; the commissioners to see that no 
titles were issued upon fraudulent certificates, and the sur- 
veyor to prepare a map of the land surveys, and see that con- 
flicting patents were not issued. 

6. As soon as the news of the battle of San Jacinto 
reached Mexico, the acting President repudiated the treaty 
of Santa Anna, and when the liberated chief returned home, 
he was powerless to secure its fulfilment, even if he had been 
disposed to do so. Filisola was severely censured by Torn el 
for his hasty retreat, and was superseded by Urrea. But 
Mexico was in the throes of another revolution, and Urrea, 
a republican, could not be entrusted with so important and 
comparatively independent a command. He was superseded 
by Bravo. The latter general, however, found employme»nt 
near the capital, in watching the movements of the new re- 
publican leader Moctezuma, and Filisola was restored to his 
old command. 

7. Early in 1837, Filisola had collected about five thousand 
men between Matamoras and San Luis Potosi, and was pre- 
paring for a spring campaign in Texas. Bustemente, after 

5. What change did the President desire in the land surveys ? What steps were 
taken to detect fraudulent claims? 

6. How was Santa Amm's treaty regarded in Mexico ? What prevented Mexico 
from again invading Texas ? 

7. How many men had Filisola on the Eio Grande in 1837? What again saved 
Texas from invasion ? 



TEXAS INDEPENDENCE ACKNO WLEDGED. 113 

his inauguration as President, assured the troops, in the 
neighborhood of the capital, that they woukl soon have an 
opportunity to enter Texas and wipe out the disgrace which 
tlie San Jacinto campaign had brought upon the national 
arms. But, fortunately for Texas, the revolution under Moc- 
tezunia furnished ample employment at home for the Mexi- 
can army, and Texas escaped invasion. 

8. The independence of Texas was acknowledged by the 
United States, March 2, 1837, one year after its declaration. 
One of the last official acts of President Jackson was to sign 
the Texas bill. During the year 1838, commercial treaties 
were formed with France and Great Britain, though the lat- 
ter government insisted upon regarding Texas as a province 
of Mexico. 

9. The government possessing but very inadequate means 
to support an army in the field, and the President believing 
there was no immediate danger of an invasion, issued an or- 
der permitting the soldiers to return to their homes on fur- 
lough, and thus the army was virtually disbanded. 

10. After the battle of San Jacinto, the schooner Liberty 
was despatched to New Orleans. After remaining at anchor 
for some time in the Mississippi Eiver, she was sold to defray 
her expenses. When President Houston was inaugurated, 
the schooners Invincible and Brutus were in New York, 
detained for want of funds. Henry Swartwout, then col- 
lector of customs in that city, generously stepped forward 
and furnished means to relieve these vessels and equip them 
for a voyage. Captain H. L. Thompson was placed in com- 
mand of the Invincible^ and Captain J. D. Baylor, of the 
Brutus. 

8. What, nation first recognized the independence of Texas ? With what nations 
were treaties' formed ? 

9. How did the President dispone of the army ? 

10. What became of the schooner Liberty T Who furnished the means to equip 
i'iyQ Invincible Siudi t\xQ Bndus f Name the captaius. 



114 VESSELS OF THE NA VT. 

11. Both vessels left New York in April, 1837. Arriving 
ill the Gulf, the Invincible captured the Mexican schooner 
AUspa, and the Brutus the schooner Telegraph. After 
a cruise of some three months along the Mexican coast, 
making various landings and occasional captures, the two 
vessels arrived at Galveston Bar, August 25, being pursued 
by two Mexican brigs. The Brutus succeeded in entering 
the harbor, but the Invincible was wrecked on the Bar, 
the crev/ escaping to the island. The Brutus was lost in 
a gale in Galveston harbor, October 6, 1837. 

12. On the 17th of April, the schooner Independence, 
commanded by Captain Wheelwright, sailing from New Or- 
leans with a crew of thirty-one men and about one hundred 
passengers, was overhauled near Velasco by a Mexican brig, 
and, after a severe action, in which Captain Wheelwright 
was wounded, his vessel was captured and taken to Mata- 
moras. At the close of 1837 there was but one vessel, the 
receiving ship Potomac, in commission. On tlie 13th of 
November, 1838, under a law of Congress and the instruc- 
tion of President Houston, S. M. Williams contracted with 
Frederick Dawson, of Baltimore, for one ship, two brigs, Jind 
three schooners, fbr a new navy. 

13. It is difficult to ascertain the precise number of In 
dians in Texas at this time. Mr. Morfit, in his report to 
Secretary Forsyth, in the fall of 1836, estimated the whole 
number at fourteen thousand two hundred, as follows : Wa- 
coes, four hundred ; Tehuacanas, two hundred ; Tonka- 
was, eight hundred ; Coshatties, three hundred and fifty ; 
Alabamas, two hundred and fifty; Comanches, two thou- 

11. When did these vessels leave New York? What became of the 7nri/wriWe,? 
Of the Bnitus? 

12. How was the Lidependerice lo^t ? Who entered into a contract to furnish 
Vessels for a new navy ? 

13. How many Indians were then in the State ? 



DIFFICULTIES WITH THE INDIANS. Ho 



Band; Caddoes, five hundred; Lipans, nine hundred; small 
bands eight hundred; to which add the Oherokeesand theii 
twelve associate bands, eight thousand. 

14. President Houston's well-known pacific policy toward 
the Indians served to keep most of them quiet during his 
administration. But the opening of the land office, and ap- 
pearance of the surveyors marking off the land, arous(jd 
the hostility of some frontier tribes. On the 7th of Jan- 
uary, 1837, fourteen rangers encountered, in the upper 
part of Robertson's Colony, a body of hostile savages. After 
a severe fight, in which the Texans had two killed, the 
rangers were compelled to retreat. In May following, a still 
larger band entered the same colony, and came in sight of 
Nashville. This party killed five Americans on Little River, 
and captured their wagon. 

15. In October, 1837, Lieutenant Van Benthuysen, with 
eighteen men, left Fort Smitii, on Little River, for a scout. 
When far above the settlements on the waters of the Trinity, 
this company encountered a considerable force of Wacoes 
and Towash. After a severe fight, in which the Texans lost 
one lieutenant and nine privates killed, and as many wound- 
ed, they retired toward the settlements. 

16. The next year, the Kickapoos becoming troublesome, 
General Rusk collected some yolunteers, and destroyed their 
village, killing eleven Indians, and having a few of his men 
wounded. Near San Antonio two surveyors were killed ; 
and a party of thirteen whites that followed the Indians were 
drawn into an ambuscade, and all but one either killed or 
wounded. Those who ventured at that time out upon the 
frontier, did so at the peril of their lives and property. 

14. What was Honstoii's Indian policy? Wliat exapperattd the Indians ? Give 
the result of the figlit, January 7, 1837. What depredations were committed in May! 

15. Give the particulars of Van Benthuysen's fight. 
10. Who chastised the Kickapoos ? 



116 LAMAB'S ADMINISTRATION. 

17. Congress effected a radical change in" the judicial de- 
partment, substituting the English for the Spanish systen of 
jurisprudence. The Eepublic was divided into four judicial 
districts. One chief justice was appointed, and the district 
judges acted as associate justices of the supreme court. These 
judges were elected by joint ballot of both houses of Congress, 
and held their office for four years. Provision was also made 
for tlie organization of county and magistrates' courts, and 
a system of laws passed similar to those in the United States. 

18. By a provision of the constitution, the first President 
was to hold his office but two years. After the first, tiie 
Presidential term was three years. 

19. At the election held September 3d, 1838, Mirabeau B. 
Lamar was elected President, and David G. Burnet, Vice- 
President. 



SECTION II. 



LAMAR'S ADMINISTRATION. — AUSTIN MADE THE CAPITAL.— 
THE INDIANS. — SANTA FE EXPEDITION. 

1. The new President was inaugurated in the presence of 
Congress, at Houston, December 10th, 1838. The administra- 
tion opened most auspiciously. Immigration continued ; new 
settlements were formed; schools and churches were estab- 
lished ; and there was a rapid growth of commerce in the 
various seaports. 

2. By an Act of Congress, of January 14th, 1839, commis- 
sioners were appointed to locate a new seat of government. 

1 7. What change was effected in the judiciary department f 
1 8. What was to be the ltMi!,'th of the Presidential terra? 
19. Wlio was elected President ? 

Section II.— 1. Who was the second President? Mirabeau B. Lamar. How 
did ihe administration open ? 
2. What act passed Congress, January 14, 1837 ? Where was the capital located ! 



LAMAB'S POLICY TOWARD THE mDIAJSfS. n: 

They selected the village of Waterloo, on the east bank of 
the Colorado, then in Bastrop county. The new city received 
the name of Austin. 

3. In 1840 France and Belgium recognized the indepen- 
dence of Texas. 

4 Early in 1839, Mr. Dawson delivered to the government 
the schooners San Jaciiiio, San Antonio, San Bernard, and 
the brig Colorado, and, latev in the yejir, the sloop Austin, 
and the brig Dolphi7i. General James Hamilton purchased 
the steamship Zavalla. The Potomac was still used as a re- 
ceiving shii).* 

5. The policy of President Lamar toward the Indians 
was very different from that of his predecessor. He desired 
the expulsion of all Indian tribes. In his inaugural mes- 
sage he said that, "^ the sword should mark the boundaries 
of the Republic.^' An official report made to him, estimat- 

* There was a floating population on the frontier of Texas, ready for new ad- 
ventures, and, in 1839, an army was organized for establishing tli« Republic of the 
Rio Grande Among the American leaders of this enterprise wi-re Colonels S.W. 
Jordan, Reuben Ross, and William S. Fisher. The Mexican commanders were Col- 
onels Canalis, Gonzales, Zapata, and Juan N. Seguin. 

The Republicans left Lipantitlan, September 20th, 1889, crossed the Rio Grande on 
the 30th, and taking possession of Guerrero on the 1st of October, marched to Mier 
the next (lay. On the 3d, at Alcantara, they gained a decisive victory over Parbon, 
the Centralist commander. In December, an ineffectnal attempt was made to gaiu 
possession of Matamoras. When Canalis retreated from the city, the Texans left. 

A new organization was eft'ccted at Guerrero in January, 1840 ; and at Moralis, on 
the 15th ot March, the Republicans were badly defeated by the Centralists under 
Arista. They a-jain rallied and reorganized at San Patricio, about the 1st of June, 
and crossed the Rio Grande at Laredo. Near Saltillo, on the 23d of October, they 
encountered Vasquez, with about one thousand soldiers. The Republicans had three 
hundred and thirty-five. Early in the action, Lopez and Molano. two Mexican offi- 
cers, deserted to the Centralists. For some time the Texans, with a few Mexican 
rancheros, maintained the bloody conflict, losing five killed and seven wonnded. 
Vasquez lost about (our hundred. 

Soon after this fiLdir, the Texans returned to their homes, and Canalis surrendered 
to Arista, stipulating, however, for the safety of his companions in arms. Thus 
ended the Republic of the Rio Grande, an enterprise which, though unauthorized by 
the Texas government, served for the time to keep the Centralists employed on the 
south side of the Rio Grande. 



3. When did France and Belgium recognize the independence of Texas ? 

4. What vessels did Mr. Dawson deliver to the government? Who procured the 
Zavalla? 

6. How did Lamar's Indian policy differ from Houston's ? Give the numbei. of 
tvarriors of the principal Indian tribes. 



lis CORDOVA AND HIS PARTY. 

ed the number of warriors belonging to Texas Indians, as 
follows: East Texas, eighteen hundred ; on the waters of the 
Trinity and Wichita Rivers, fifteen hundred. (The Santa Fe 
expedition passed through the villages of some of these 
tribes. Kendall says the Wacoes had large fields in cultiva- 
tion in corn, beans, etc., possessed large herds of cattle, and 
had comfortable houses, supplied with rude furniture. ) The 
number of warriors of the Oomanches and Apaches was 
estimated by the same report at sixteen hundred, probably 
over their actual number. 

6. Among the old Mexican families in the neighborhood 
of Nacogdoches, a few were dissatisfied with the government 
of Texas. Cordova, the leader of this party, fled to the Rio 
Grande, and was employed by Filisola to visit the prairie 
Indians on the head waters of the Colorado and Brazos, and 
induce them to make war upon the Americans. In Febru- 
ary, 1839, Canalizo, who had succeeded Filisola in command 
at Matamoras, sent Manuel Flores (another dissatisfied 
Mexican) to Cordova, with instructions to treat with the 
various Indian tribes, and excite them to hostility against 
Texas. 

7. The Texan s having heard of Cordova's movements in 
March, Burleson raised a company and started in pursuit 
He found Cordova's party on the Guadalupe River, attacked 
him, and killed a number of his men. After this fight 
Cordova left his usual haunts, and Flores failed to find him. 
As the latter was passing the Colorado near where Austin 
now stands, he was overtaken by a company of rangers under 
Lieutenant James 0. Rice. Flores and two other Mexicans 
were killed, and Canalizo's instructions to Cordova captured. 

6. What is said of some of the Mexicans at Nacogdoches ? For what purpose waa 
Cordova employed by Filisola ? 

7. What Texas officer pursued Cordova ? Where was he found f Who defeated 

Flores* 



EFFORTS TO BEMOVE THE INDIAN. 119 

8. In these despatches, the Iiitlians were exhorted " not to 
cease to harass the Texans, to burn their habitations, and 
lay waste their fields" ; and the Indians were told to expect 
nothing of these greedy adventurers for land, " who wish 
even to deprive them of the sun that vivifies them, and who 
would not cease to injure them while grass grows and water 
runs." The killins^ of Flores and the defeat of Cordova 
broke up the proposed alliance between the prairie Indians 
and the Mexicans. 

9. President Lamar believed the Cherokees and their as- 
sociate bands in East Texas were intruders, and that their 
presence obstructed the settlement of that portion of the 
Republic. They were accused of committing depredations 
and murders, and of being in league with the party of Cor- 
dova. Their removal became an object of jn'ime importance, 
and the President sent Vice-President Burnet, and the Sec- 
retary, of AVar, General A. S. Johnston, to make a treaty 
with them, purchase whatever improvements they had made, 
and induce them to return to the territory of the United 
States. Anticipating that the Indians might decline to re- 
move, three regiments of troops had been sent to their im- 
mediate neighborhood, under Colonels Burleson, Rusk, and 
Landrum, all under the command of Brigadier-General 
Douglass. After vain attempts to induce the Indians to 
^eave, all negotiations were broken off, July loth, 1839, when 
General Douglass gave orders for an attack. The Indiana 
abandoned the main Cherokee village, on the Angelina River, 
and made a stand at a point of a hill well suited for defense. 

10. After a severe engagement, in which the Texans lost 

S. How long were ttie Indians exhorted to harass the Texans ? 

9. How did the presence of the Cherokee? affect East Texas ? What steps did the 
President take to secure their removal ? How many regiments were collected in the 
neighborhood ? When were negotiations broken off? 

1 0. How many Texan< were killed in the first day's fight ? How many Indians t 
Give the particulars of the second day's fight. 



120 GHER0KEE8 LEA VE TEXAS— THE COMANCUES. 

tliretj killed and five wounded, and the Indians had eighteen 
killed, the latter retreated. The next morning they were 
oyertaken within half a mile of the Neches Kivei, strongly 
posted in a ravine. After some skirmishing, the Texans 
charged their camp. The battle lasted an hour and a half, 
when the Indians again retreated in disorder, having lost 
about one hundred killed and wounded. Among the killed 
was the famous Cherokee chief, Bowles. The loss of tlie 
Texans was five killed and seventeen wounded. After this 
fight the Indians abandoned I'exas, leaving their fine lands 
in possession of the whites.* 

11. In the spring of 1839, a Mr. Webster, who had lo- 
cated his head-right upon the North Gabriel, started from 
the Colorado with fourteen men, his wife and three children, 
and a negro woman, to form a settlement on his land. 
When he arrived at the place where he designed erecting liia 
house, he found it occupied by an Indian encampment. He 
hastily retreated to Brushy Creek. At sunrise, the next 
morning, he was surrounded by a party of Comanches. 
Webster and his companions drew up their wagons so as to 
form a square for protection. They were charged by the 
Indians and all were killed, except Mrs. Webster, two of her 
children, and the negro woman, avIio were taken prisoners. 

12. Early in 1840 a party of Comanches visited San An- 
tonio, and proposed to make a treaty. They were told to 
Kiturn to their tribe, bring in all their prisoners, and the 
whites would gUidly make peace. On the 19th of March, 
sixty-five Indians returned, including some women and 

• Some of these Indians must have returned to the frontier of Tesas, as on 
Christmas day, 1839, Burleson had a fi^'ht with a party of them on Chcroliee Creek, 
Ban Saba county, Icilling six and capturing five women and childreii, ir eluding the 
family of Bowles. 



11, Give the particulars of the killing of Webster and his party. 

12. For what purpose did the Comanches visit San Antonio ? 



A BLOODY CONTEST— INDIAN INVASION 121 

children, bringing, however, but one prisoner, although the\ 
were known to have several others. 

13. Twelve chiefs entered the city court-room, used as a 
council house. With a view, perhaps, of intimidatiug the 
Indians, and induciug them to bring in the other captives, 
Captain Thomas B. Howard was ordered to surround the 
house with his company of rangers. The chiefs, still de- 
clining to bring in their captives, were told that they were 
prisoners, and would be held as hostages until the whitea 
in their possession were delivered up. The chiefs instantly 
drew their bows and knives, and a bloody hand-to-hand 
fight ensued. The men, and even the women in the yard, 
fought desperately until all the warriors (thirty-two in num- 
ber), three women and two children, were killed, and twenty- 
seven women and children were made prisoners. The 
Texans lost seven killed and eight wounded.* 

14. During the summer the Comanches made a serious 
invasion into the settlements. On the night of August 4, 
1840, about four hundred warriors crossed Plum Creek, in 
Caldwell County, and reached Victoria on the 6th. After 
committing some depredations they proceeded to Linnville, 
on Lavaca Bay. They burned this place on the morning of 
the 8th, while most of the male population were absent.- A 
few, including three families, escaped by going on board a 

♦Among the captives which the Comanche? were reservinp:, perhaps for a 
Iar£;e ransom, were Mrs. Welister and two of her children. She once made lieri* 
cape, and liad reached the neighborhood of Au^^tin, whfn she was rccaplured by a 
band of Caddoes, and talien back lo lier Comanche masters. She was with tlie 
blind that visited San Antonio when the above fight took place, and with a young 
child escaped from the Indians, leaving, however, a little boy, who was afterwarda 
recovered. She and her child nearly perished for water, and she had almost given 
np in despair, when the cry in ir of lier child induced her to make one more efliort. 
Water was found, and soon afterwards she discovered a trail which led into San An- 
tonio. 

13. Give the particulars of the fight in the council house. How many Indiana 
were killed ? How many Texans ? 

14. What Indians descended to the coast in 1840 ? What towns were bunnjd bj 
them ? 

6 



122 BATTLES AND SKIRMISHES WITH THE INDIANS. 

email vessel lying in the bay. Major Watts, the collector of 
customs, was killed, and Mrs. Watts taken prisoner. 

15. The Indians hastily retreated. They had killed some 
twenty-one persons at Victoria and Linnville. As soon as 
the news of this raid reached Austin, Dr. Archer, Secretary 
of War, sent couriers down the Colorado, ordering ont the 
militia. But so improbable was the report deemed that, 
after Colonel J. B. Robertson had collected several hundred 
men at Lagrange, they were permitted to disperse, under the 
impression that it was a false alarm. Other companies, how- 
ever, ascertaining the truth, hastened to intercept the sav- 
ages. Captain Ben McCulloch was the first to overtake 
them at the Casca Blanca Creek, about fifteen miles from 
Victoria. He was joined by Clarke L. Owen, with a com- 
pany from Texan a. The Texan force was increased by the 
arrival of the companies of Burleson, Caldwell, Bird, Ward, 
Jones, Wallace, and Hardeman, the whole under the com- 
mand of General Felix Huston. 

16. On the morning of the 12th of August, just after the 
Indians had left their camp on Plum Creek, they were sur- 
prised by thv3 Texan s, and instantly formed in line of battle, 
sending their pack-mules in advance. The Texans charged 
with such valor and determination that the Indians were 
everywhere routed. Finding they could not carry ofi" Mrs. 
Watts, they shot an arrow into her breast and left her to 
die, but, fortunately, she recovered. Mrs. Crosby, however, 
another ^emale captive, wan killed. The Indians lost from 
fifty to eighty in killed and wounded, and left a l:*rge share 
of their booty, and most of their horses, in the hands of the 
Texans. 

15, Before commencing their retreat, how many persons had the Indians killed f 
Whose company first intercepted them? What other companies soon joined 
McCulloch ? Who commanded the Texans ? 

16. Give the particulars of the battle of Plum Creek. How many Indians wer« 
killed and wounded ? 



THE INDIANS CHASTISED— SANTA FE EXPEDITION 123 

17. In October following, Colonel John H. Moore, with 
ninety Texans and twelve Lipans, while scouting on tlie 
head waters of the Colorado, came across a party of Coman- 
ches and captured their village. About one Imndred and 
twenty Indians were killed, the village destroyed, and thirty- 
four prisoners and a number of horses captured. In this 
village the Texans found goods that had been taken from 
Linnville the previous summer. 

18. Besides the battles mentioned, there were many skir- 
mishes. On the 3d of January, 1839, the house of Mr. Mar- 
lin, near the Falls of the Brazos, was attacked. The Indians 
were repulsed and driven oif. A party of whites pursued 
and fell into an ambuscade ; ten of their number were killed, 
and seventeen wounded. Colonels Burleson, Moore, and 
Hays had frequent skirmishes, generally chastising the sav- 
ages. Colonel Hays, on the 17th of April, 1841, in a fight 
near Laredo, captured Captain Ignacio Garcia and twenty- 
five Mexican raiders. 

19. Though Texas laid claim to the territory of New Mex- 
ico lying east of the Eio Grande, no effort had ever been 
made to extend the laws of the republic over that distant 
region. Between Santa Fe and St. Louis a lucrative trade 
was springing up, which the Texans were anxious to divert 
to their own Gulf ports. The Santa Fe expedition was or- 
ganized in the spring of 1841, to open a communication 
with New Mexico. General Hugh McLcod was appointed 
commander. The expedition included two hundred and 
seventy soldiers, and about fifty traders, adventurers, and 
teamsters. 

20. The cavalcade started from Brushy on the 20th of 

17. Give the incidents of Moore's fight on the Colorado. 
1 S« When was Mr. Marlin's hou?e attacked ? 

19. What territory did Texas claim on the upper Rio Grande ? For what purpoae 
was the Santa F6 expedition organized ? Who commanded it f 

20. When did it start ? What difficulties were encountered ? 



124 ILL SUCCESS OF THE SANTA Fil EXPEDITION. 

June, 1841. Many difficulties were encountered, and delaya 
occurred from the yery start. Tlie gnides were not well ac- 
quainted with the route, and, after wandering about for 
some time, finally mistook the Wichita for Eed River, aud 
became bewildered in the Wichita mountains. Provisions 
gave out, water was scarce, and the Indians troublesome, oc- 
casionally stampeding their horses, and picking off strag- 
glers. 

21. On the 11th of August Messrs. Howland, Diiker, and 
Rosenberg were sent forward to procure supplies. They 
were taken prisoners by the Mexicans, and two of them sub- 
sequently shot for attempting, as was alleged, to make their 
escape. On the 10th of September the advance party reached 
the settlement of Anton Chico, on the Galinas, a tributary 
of the Rio Grande. Here a supply of provisions was obtained. 
On the 14th Captain Lewis, with Kendall, Van Ness, and 
some others, started for San Miguel. They had heard that the 
first party sent forward had been arrested, but did not doubt 
that when the authorities were assured of the pacific objects 
of the expedition, they would be favorably received. In this 
they were disappointed. 

22. The second party shared the fate of the first, and even 
Kendall, who had a passport from the Mexican Consul at 
New Orleans, fared no better than the rest. All were dis- 
armed and thrown into prison. Colonel Cooke, not knowing 
the fate of Kendall and his companions, also started for San 
Miguel. When near the village of Anton Chico, Cooke 
found himself suddenly surrounded by about five hundred 
Mexican soldiers under an officer named Salezar. As Cooke 
saw Captain Lewis in the company, he supposed all was 

21. What occmred August 11 ? How were Howland and his companion!* treated 
bv the Mexican!* ? When did the advance party reach Anton Chico y 

22. What became of the second party sent forward ? How was Colonel Cooke 
cai)lu"ed » 



ITS FAILURE— SUFFERINGS OF PRISONERS. 125 

riglil until he was invited to give np his arms, as he was as- 
sured all traders were required to do before entering Santa 
Fe. Then, when too late to escape, he discovered that Cap- 
tain Lewis was a traitor, and that he and his men had been 
betrayed ! 

23. General McLeod and his party were still at the Laguna 
Colorado, some thirty or forty miles distant. Here he was 
met by Governor Armijo and a Mexican army. McLeod 
liad but a few men fit for service; their horses had nearly 
all perished, or been stolen by the Indians ; many of the 
soldiers had thrown away their guns, being too weak to 
carry them ; and, under the promise of good treatment, the 
Texans surrendered as prisoners. These unfortunate men, 
after being disarmed and plundered, were tied in companies 
of four and six, and marched first to San Miguel, then to 
Santa Fe, and finally to the city of Mexico, and confined in 
the prisons of St. Jago, Puebla, and Perote, where they lan- 
guished for nearly two years. In the spring of 1842 the 
most of them were released, though Seiior Navarro was con- 
fined in the castle of San Juan de Ulloa until the revolution 
of 1844, when he, too, was set at liberty.* 

24. Financially, the administration of Lamar was not a 
success, though his most bitter opponents never accused 
either the President, or the members of liis cabinet, of dis- 
honesty. The public credit was low when he commenced 
his administration, and continued rapidly to decline. The 
currency of the country (called red hacks, fi-om the color of 

* Kendall assii^ned several reasons for the failure of the Santa F6 expedition. 
1st. It started too late in the season. 2d. There was an insufficient supply of food, 
and of teams to haul mercliandisc. 3d. They failed to get the Lipan Indians for 
guides. 4th. The distance was mucli greater than it was thou<;lit to be. 5th. The 
Indians were troublesome. 6th. Arriving there, divided and dispirited, tiiey were the 
victims oltieason. 

23. Where was McLeod with the main army? Why did he surrender ? How 
jpere they treated '; 

24. In what condition was the public credit ? 



126 NATIONAL FINANCES— HOUSTON S SECOND TERM. 

the paper upon which it Avas printed) was, at the close of the 
presidential term, hardly worth ten cents on tlie dollar. 
Numerous military campaigns had interrupted the indus- 
trial pursuits of the people and interfered with commerce, 
Nominally, the expenditure for the year 1841 amounted to 
$1,176,288. It is true this was in currency, but the receipts, 
also in currency, had fallen off nearly fifty per cent, in one 
year, showing that the finances of the country were in a de- 
plorable condition. 

25. The public debt, at the close of 1841, was not accu- 
rately known, but it was supposed to amount to about eight 
million dollars. Part of this debt was created during the 
revolution in 1836, a part of it was due for the new naval 
vessels, and it had been largely increaKsed in fitting out the 
Santa Fe expedition. 



SECTION III. 

Houston's second administration. — raids of vasquez 
and woll. — rexmoval of seat of government. — the 
mier expedition. — the navy. — regulators and mod- 
ERATORS. 

1. At the election held in 1841 Sam Houston was elected 
President, and Edward Burleson, Vice-President. The in- 
auguration took place December 13th. President Houston 
enforced a rigid economy, dispensing with all unnecessary 
officers, and usiug all practicable means to improve the na- 
tional credit. Congress, however, failed to provide for the 
close collection of the taxes, and most of the goods con- 

25. What was the amonnt of the public debt ? 

Section III,— 1. Who was elected President in 1841 ? What steps did Houston 
take to improve the finances ? 



RAIDS OF VASqUEZ AND WOLL. 137 

sumed in the eastern part of the State were smuggled acrosa 
the Sabine. The currency, however, gradually improved. 

2. To keep up the shadow of a claim upon Texas, the 
Mexican Government sent small military parties into the 
country, though with no intention or expectation of perma- 
nent occupancy. Early in 1842, General Vasquez, with 
about seven hundred men, paid a hasty visit to San Anto- 
nio, reaching that city on the 7th of March. Colonel Hays, 
with his company of rangers, retired to the Guadalupe River. 
Vasquez, after a short stay in tliat city, in which he remod- 
elled the city government, appointing alcaldes and other 
Mexican officers, returned again to the Rio Grande, taking 
with liim such citizens as chose to leave. About the same 
time Refugio and Goliad were temporarily occupied by small 
parties of Mexicans. 

3. In September a still more formidable invasion took 
place under General Adrian Woll, who entered San Antonio 
with about two thousand men. The District Court was in 
session at the time, and so complete was the surprise, that 
Woll captured Judge Hutchinson, and a number of members 
of the court. On the Guadalupe River, Colonels Hays and 
Caldwell collected troops to meet the invaders. Woll vSent 
out a party towards Cibolo Creek. The Texans, under Cald- 
well, met this force on the Salado, six miles from San Anto- 
nio. A severe battle was fought, in which the Mexicans 
were defeated, losing some sixty killed and as many wound- 
ed. The Texans had one killed and nine wounded. After 
the fight the Mexicans retreated to the city. 

4. The Mexicans, in returning to San Antonio, fell in 

2. For what purpose did Mexico fend parties of soldiers into Texas? Who en- 
tcrec' San Antonio early in 1841 ? 

3. What Mexican general took possession of San Antonio in September t Which 
party was defecated in the battle of Salado ? 

4. Give the particulars of Dawson's defeat. 



128 SEA T OF GO VEliNMENT REMO VED. 

witli Captain Dawson's company of fifty-three men, from 
Fayette County. After severe figliting, tlie Texans, finding 
fcliemselves surrounded by overwhelming numbers, hoisted a 
white flag. It was fired upon. They then renewed the 
fight with desperate valor. Thirty-six of them were left 
dead upon the field. A few escaped, and the lives of a few 
who surrendered were spared. After this fight, Woll imme- 
diately commenced his retreat, and soon re-crossed the Eio 
Grande. 

5. Immediately after tlieVasquez raid, President Hous- 
ton, with the ofiicers of his cabinet, removed to the city of 
Houston. Soon afterward he issued a proclamation con- 
vening Congress in extra session, at that place, on the 
27th of June.* 

6. In the fall the President convened Congress in extra 
session at Washington. A number of the members from the 
West refused to go to the place designated, and it was some 
weeks before a quorum was obtained. 

7. Many in Texas were anxious to invade Mexico in rettil- 
iation for the raids of Vasquez and Woll. Several squads of 
soldiers made their w^ay to San Antonio with a view of or- 
ganizing for a march across the Kio Grande. These soldiers 
generally desired that Vice-President Burleson should lead 
them, but President Houston appointed General Alexander 
Somervell to the command. He was late in arriving at 
headquarters, and rather tardy in his movements. This in- 
creased the dissatisfaction, and many abandoned the army. 

*The citizens of Austin, exasperated at this abandonment of their city, or- 
ganized a military company and an archive committee. The books and papers bft 
longing to the various offices were seized, placed in boxes, and securely guarded. 
The Commissioner of the General Land Office had access to the papers of his depart- 
ment, and during this period some business was transacted in that office. 

5, To what place did the President and cabinet remove? 

6, Where did Congress convene in the fall ? 

y. Why did the Texans wish to invade Mexico ? Who was appointed "om 
mander? 



MOVEMENTS FOR THE INVASION OF MEXICO. 129 

Somervell left the Medina for the Rio Grande on the 25th 
of November, 1842. For some reasons, never properly ex- 
plained, he deflected from the main route of travel, and soon 
found himself in flat, boggy prairies, in which it was almost 
impossible to proceed. 

8. He reached Laredo on the 8th of December, and took 
possession of the place without opposition. After a few days' 
rest, the army was again in motion ; but instead of crossing 
into Mexico, turned down tlie river on the Texas side. A 
night was spent in a dense thicket. To test the fidelity of 
the troops, the general required them all to obligate them- 
selves to obey orders. Out of seven hundred men, five hun- 
dred agreed to the obligation, and the other two hundred 
v^ere permitted to return to their homes under the command 
of Colonel Bennett. 

9. Somervell then marched down the river to a point op- 
posite Guerrero, wlien Colonel Hays, with his company, 
crossed into Mexico. On the morning of December 16th 
the whole army crossed, and took possession of the town. 
Colonel Canalis withdrawing on the approach of the Texans. 
The next day Somervell's army re-crossed the river into 
Texas, and on the 19th, to the astonishment of the troops, 
an order was issued for them to return to the Nueces River, 
where they would be disbanded. About two hundred of tlie 
men returned with Somervell, while three hundred remained 
on the Rio Grande, and reorganized by electing Colonel 
\Villiam S. Fisher to tlie command. Mier was selected as 
the point of attack. Boats were secured, a portion of the 
troops embarked and descended under the command ot 

8. When did Somervell reach Laredo ? How did he test the fidelity of his troops ^ 
How many lef c ? 

9. To what point did he then march? What order was issied December 19? 
How many relumed ? Who was elected to command those who rsiaa^acd? What 
town did Fisher prepare to take ? 

6* 



130 TEXAN8 ENTER MIER—SURRENI^ER TO AMPUBIA, 

Thomas J. Green, while Colonel Fisher, with the main body; 
marched down the river. 

10. On the 21st of December a small detachment of Tex- 
ans entered the town, and made a demand for provisions and 
clothing, taking the alcalde as a hostage until the supplies 
should be furnished. The Texans waited three days in camp 
on the river for their stores. In the meantime General Am- 
pudia, with an army of twenty-two hundred men, had en- 
tered the place, and of coarse would not permit supplies to 
be furnislied the Texans. Colonel Fisher prepared to ad- 
vance. The hostile armies met on the Alcantra Creek, a 
short distance from the city. A severe fight ensued, in 
which the Mexicans were worsted, and in the darkness re- 
treated to the town. The fight continued during the night 
of the 25th, the Texans steadily advancing toward the main 
plaza. 

11. About noon, on the 26th, Ampudia hoisted a white 
flag for a parley. In the fight the Texans had lost sixteen 
killed and twenty-five wounded. Among the latter was 
Colonel Fisher, who was weak from the loss of blood. The 
Mexican loss was much greater. Still, Ampudia had a vastly 
superior force to the Texans. The white flag was a success- 
ful ruse upon the part of the Mexicans. Colonel Fisher, hav- 
ing been severely wounded, was unable to command longer, 
and perhaps thought it best to surrender ; but before any 
general understanding was had among the Texans, a few in- 
dividuals, and then squads of four and five, under promise 
of good treatment, marched over to the Mexican lines, and 
laid down their arms. This process Avent on until the few 
who were left had no alternative but to surrender as prison- 

10. What demand wa^ made ? What Mexican general entered the town ? Giv« 
the particulars of the fight on Christmas day. 

11. Who hoisted the white flag ? Which party had sustained the greatest loss ! 
What was the effect of l.oisting the white flag? How were the priiioners treated? 



FATE OF THE PEISONEES. 131 

ers of war. They did so under the promise from Ampudia 
that they should remain on the Rio Grande. But those able 
to travel were immediately started on foot for the city of 
Mexico. 

12. At Salado, one hundred miles south of Saltillo, on the 
11th of February, 1843, the main body of these prisonera 
rose upon the guard and made their escape. The men, how- 
ever, failed to act in concert, and, instead of remaining to- 
gether and hurrying back to the Rio Grande, separated into 
small squads aiid straggled off into the mountains, where, 
after suffering incredible hardships from thirst and hunger, 
the most of them were recaptured and taken back to Salado. 
Here, on the 24th of March, by order of Santa Anna, every 
tenth man was shot. There were one hundred and seventy- 
six of them. One hundred and fifty-nine white beans and 
seventeen black ones were placed in a box, and the men 
marched up and ordered to draw. Those drawing the black 
beans were immediately shot. The survivors were taken to 
Perote and other Mexican prisons. A few died ; occasion- 
ally one made his escape, and a few others were released at 
the solicitation of friends. Finally, on the 16th of Septem- 
ber, 1844, just after the death of his wife, Santa Anna or- 
dered them all set at liberty. The number released was one 
hundred and four. 

13. In 1841 the Texas navy was in the service of the revo- 
lutionary government of Yucatan, but that government hav- 
ing failed to furnish the necessary funds to keep the vessels 
in commission, the most of them repaired to New Orleans. 
Here Commodore Moore expended considerable sums in re- 
fitting them and getting ready for a cruise. In August, 
1842, the schooner San Antonio was dispatched to Yuca- 

12, What took place at Salado? Did they succeed in reaching Texas ? Hov 
many were shot at Salado ? What became of the survivor:^ ? 

1 3. How was the navy employed in 1841 ? What became of the San Antonio ? 



132 THE NAVT. 

tan for supplies. She was lost in a storm, and all on boara 
perished. 

14. The spring of 1842 passed away, and the navy still re- 
mained idle. President Houston expected the vessels would 
sail, in July, to the coast of Mexico, to enforce a blockade. 
As Commodore Moore failed to get to sea, he was ordered to 
bring his ships to Galveston, and to report in person to tho 
Secretary of the Navy, at Washington. The commodore, 
however, alleged that he had expended his private means in 
refitting the ships, and declined either to bring them to Gal- 
veston or to report in person at Washington. 

15. In January, 1843, Congress secretly passed an act for 
the sale of the navy, and President Houston immediately 
sent two commissioners to seize the vessels and sell them. 
The commodore declined to deliver them up, but agreed to 
sail for Galveston, taking Colonel Morgan, one of the com- 
missioners, on board. When the ships Wliartoii and 
Austin arrived at the mouth of the Mississippi, they re- 
ceived such information as induced Colonel Morgan to as- 
sent to a change of course and a cruise on the coast of Yu- 
catan. As soon as this was known to President Houston, he 
issued a proclamation suspending Commodore Moore from 
command, and ordei'ing the ships to Galveston. When this 
proclamation reached the commodore it was promptly 
obeyed, and the vessels entered Galveston harbor in July. 
In the fall steps were taken looking to a sale of the navy 
under the Act of Congress, but the people protested against 
it, and the sale was not made. The act requiring a sale was 
repealed in February, 1844. The steamship Zavalla was 
wrecked in a storm while in the harbor at Galveston. 

14. How did the President wish the navy employed ? What order was sent to 
Commodore Moore ? Did he obey it ? 

15. What act passed Congress in January, 1843? Were the ships delivered up / 
From what coast did they sail ? What proclamation did Houston issue ? When did 
the ships arrive at Galveston? 



INDIAN TREATY— THE 8NIVELT EXPEDITION. 133 

16. There was comparative quiet upon the fi-ontier, but 
there were occasional Indian forays. In the fall of 1842, 
while many of the citizens of Austin were at a camp-meeting 
near Webberville, the Coraanches, on Sunday morning, 
daslicd into the city and carried off two children of Mrs. 
Simpson ; the girl, fourteen years old, was killed about six 
miles from Austin. The little boy was subsequently re- 
claimed at one of the Indian agencies. In September, 1843, 
the representatives of eight tribes met at Bird's Fort, on the 
Trinity, and entered into a treaty. 

17. The route followed by traders going from St. Louis to 
Santa Fe, passed through Texas. It was ascertained, early 
in the winter of 1843, that a caravan of Mexican merchants, 
with a large quantity of goods, would pass along this trail. 
Some Texans were anxious to secure so rich a prize, and 
President Houston commissioned Colonel Jacob Snively to 
raise a company of three hundred men for this purpose. 
The men were to equip themselves, operate only on Texas 
soil, to make their captures only in honorable warfare, and 
deposit one-half the spoil taken in the Texas treasury. 

18. On the 27th of April Colonel Snively, with one hun- 
dred and eighty men, left his camp at Georgetown, near 
Dennison, on Eed Eiver, and reached the route of the cara- 
van, near the Arkansas Eiver, on the 27th of May. Whilo 
waiting for the expected train, some of the men became 
restless, and finally insubordinate. Seventy-five of them 
selected Captain Chandler as a leader, and, June 29 Lh, 
started homeward. 

19. Soon after the departure of Chandler and his party, 

16. What Indians visited Austin in J842? 

1 7. Wliat route followed by traders passed through Texas ? What was tlie object 
of the Snively expedition? 

18. When did Snively leave his camp on Red River? What occurred May 27 ? 

19. What United States officer arrested Snively and his men? How did Cookf 
treat the Texans ? When did they reach Bird's Fort ? 



JU ARMISTICE BETWEEN TEXAS AND MEXICO. 

Siiively's command was snrrounded by a company cf 
United States dragoons under Captain Philip St. George 
Cooke. Cooke contended that Snively and his party were in 
the territory of the United States. The Texans were dis- 
armed. Captain Cooke gave them their choice either to go 
V;iider an escort to St. Louis, or return to Texas. About fifty 
cliose to go to St. Louis, the others preferred returning to 
their homes. Cooke gave this party guns and a supply of 
ammunition, with which to protect themselves. After some 
skirmishing with Indians, Snively's men overtook the party 
under Chandler, and all reached Bird's Fort on the 6th of 
Angust. 

20. Among the prisoners taken by Woll, in San Antonio, 
was the former Lieutenant-Governor, J. W. Eobinson. 
While in prison, Eobinson wrote to Santa Anna suggesting 
possible terms for an adjustment of the diflftculties between 
Mexico and Texas. The result of the correspondence was 
that Eobinson was released and ^ent home with propositions 
from Santa Anna to Mr. Houston. As this document spoke 
of Texas as a province of Mexico, it was, of course, generally 
repudiated by the people of Texas. 

21. There was now, in the United States, a growing sen- 
timent in favor of annexation. This the British minister in 
Mexico saw, and wished to counteract. Great Britain de- 
sired to see peace between Texas and Mexico. The French 
minister also interested himself in the negotiation. After 
considerable discussion, an armistice between Mexico and 
Texas was proclaimed on the 13th of June, 1843, to continue 
"until due notice of an intention to resume hostilities 
(should such intention thereafter be entertained by either 

20. What distinguished Texan had been taken prisoner by WoU? For what pur- 
pose was RobinFon released and sent home? 

21. What was the state of feeling in the United States? What was the wish of 
Great Britaiu ' When was the armistice proclaimed ? 



REOULATOnS AND MODERATORS. 135 



party) should be formally announced through Her Britannic 
Majesty's Charge d^ Affaires at the respective governments." 
This measure relieved Texas from all fear of an invasion, 
and from the burden and excitement consequent upon 
getting up military expeditions. 

22. George W. Hockley and Samuel M. Williams were ap- 
pointed commissioners on the part of Texas to meet com- 
missioners appointed by Santa Anna to agree upon terms of 
peace. The commissioners met at Sabinas. Seiiors Lande- 
ras and Jaunequi bad been appointed on the part of Mexico. 
The negotiation was brought to a hasty termination by the 
prospect of annexation. The commissioners, however, signed 
an agreement on the 18th of February, 1844. This was re- 
pudiated silently by the Texas government, as, in the docu- 
ment, Texas was still spoken of as a " department of Mexico." 

23. In some counties of Eastern Texas resolutions were 
passed, at popular meetings, denouncing the payment of cus- 
toms. A party arose in the Redlands calling themselves 
Regulators. This party took upon itself the arrest and pun- 
ishment of criminals witliout the warrant of law. This 
high-handed measure led to the formation of another party 
styled Moderators. Excitement rose so high between them 
that, at one time, it was supposed a thousand men were in 
arms. In Harrison county an armed mob prevented the 
holding of the district court. In 1844, after many lives had 
been sacrificed. President Houston instructed General 
James Smith to call out the militia. Peace was gradually 
restored, though the effects of this feud continued for some 
time.* 



* According to Yoaknra, Wat Moorman was captain of the Regulators, and John 

22. Who were the commissioners sent by Texas to negotiate a treaty ? Why did 
Texas reject the agreement ? 

23. To what did the people of East Texas object ? For what purpose was th« 
party of the Regulators formed ? The Moderators ? How was peace finally rev 
Btored ? 



136 JONES'S ADMINISTRATION— FOREIGN MEL ATIONS. 



SECTION IV. 

Jones's administration". — foreign relations. — fI' 
nances of the country. — annexation of texas to 
the united states. 

1. At the election held September 2d, 1844, Anson Jonea 
was elected President, and Kenneth L. Anderson, Vice-Pres- 
ident. The inauguration took place on the 9th of Decem- 
ber. Jones had filled the office of Secretary of State during 
the whole of the preceding administration, and was thor- 
oughly acquainted with all the details of the executive 
department. 

2. At no period since the settlement of Texas did the fron- 
tier suffer so little from Indian depredations as during Jones's 
administration. Even the Comanches sent in a deputation 
of chiefs, and entered into a treaty of peace. 

3. It was a difficult and delicate task to maintain amica- 
ble relations with England, France, and other European 
powers while agitating the great measure of annexation. 
This was, however, happily done, notwithstanding the jeal- 
ousy of those powers toward each other, and toward the 
United States.* 

M. Bradley of the Moderators. In the summer of 1844, ju?t after a congregation 
had been dismissed, Moorman killed Bradly at the door ol the church in San Aui;;u8- 
tine, and, a few years later, Moorman was killed in a ferry boat by a Dr. Burns, 
while crossing the Sabine River. 

* President Jones, in his aiitol)io2:raphy, intimates that the most serious em- 
barras^ment of his administration <rrew out of an attempt of Mr. Doneli*on, Uni- 
ted States Minister, Ex-Governor Yell, of Arkansas, Hon. C. H, VVicklifte, of Ken- 
tucky, and Commodore Stockton, seconded by some zealous Texans, to precipitate a 
war with Mexico. General Sherman, of the Texas militia, was to command the land 
forces, while Commodore Stockton, with tlie United States navy, promised to aid In 
a descent upon Matamoras. President Jones foresaw that a war with Mexico migUI 

Section IV,— 1. Who was elected President in 1844? 

*2>. What was the condition of the frontier? 

3. What delicate task devolved upon the President f 



FINANCES— ANNEXATION TO THE UNITED STATES. 137 

i. Ill relation to the finances of this period, President 
Jones says: " There was not a single defalcation, nor a dol- 
lar lost; the expenses of the government were brought 
within its receipts, and no debts incnrred; the excliequera 
(currency) rose to par; Texas passed from a paper to a me- 
tallic CLirrency ; and after defraying the expenses of an extra 
session of Congress, and of a convention, repairing the pub- 
lic buildings, and removing the government to Austin, there 
was a surplus in the treasury sufficient to support the State 
government for two years." 

5. By the terms of the treaty of annexation, the navy of 
Texas was to be transferred to the United States, and its 
officers incorporated in the navy of that government. The 
vessels so transferred were the ship Austin, the brigs Whar- 
ton and Archer, and the schooner San Bernard. 

6. The great question of this administration was that of 
annexation to the United States. In 1836 that govern- 
ment had declined to take Texas, as tlie ability of the lat- 
ter to maintain its independence was considered donbtful. 
The question was again introduced into the United States 
Senate by Mr. Calhoun, in iVpril, 1844. That body, by a 
vote of thirty-five to sixteen rejected the measure the second 
time. After this second rejection, Mr. Van Zandt, the Texas 
minister at Washington, formally withdrew the proposi- 
tion. This was under instruction from the Texas State 
Department, 

7. About this time the course of Mr. Elliott, the British 

reenlt from annexation, and he determined that <?reat measure should not he placed 
in jeopardy by a premature conflict brought on in Texas. By his policy he main- 
tained peace until after annexation, win n the Pacific coast witnessed the hrroism 
of Commodore Stockton, and General Taylor, instead of General Sherman, led tho 
forces against Matamoras. 

4. In what condition were the finances? 

5. What vessels were transferred to the navy of the United States? 

6. What was the great question of Jones's administration ? 

7. What was the wish of Great Britain ? What question entered into the prest 



138 ANNEXATION CONSUMMATEj). 

minister to Texas, showed that Great Britain was very anx- 
ious to obtain a controlling influence over the Republic. 
France, too, was eagerly watching the progress of events. 
These movements awakened a profound interest in the 
United States, and the Texas question entered largely into 
the Presidential election in 1844. Mr. Polk, the annexation 
candidate, was elected. But it was still doubtful whether a 
sufficient vote eould be secured to carry the measure in the 
form of a treaty. It was therefore proposed to accomplish 
the object by a simple joint-resolution of Congress. This 
passed on the 1st of March, and received the signature of 
President Tyler, as one of the last acts of his administra- 
tion. 

8. President Jones convened an extra session of Congress 
on the 16th of June, 1845. That body promptly passed a 
bill assenting to annexation in the form in which it had 
passed the United States Congress. He had previously 
ordered an election of delegates to a convention to finally 
decide the question of annexation, and form a State Consti- 
tution. 

9. The convention met in Austin on the 4th of July, 1845, 
and on the same day passed the annexation bill. This, with 
the new constitution, was submitted to a vote of the people, 
October 13th. The measure was ratified almost unani- 
mously. On the third Monday in December, a general elec- 
tion was held for State officers and members of the legisla- 
ture. That body assembled in Austin, and on the 19th of 
February, 1846, Anson Jones, the last President of the Re- 
public of Texas, handed over the executive authority to J. 

dential election m 1844 ? When did the annexation reeolution pass the United 
States Congret'8 ? 

8. When did the Congress of Texas absent to this bill ? 

9. When did the Texan convention pass the annexation bill f On what day did 
President Jones surrender the executive department to Governor Henderson v 



TEXAS A STATE OF THE UNION. Wd 

Pinckney Henderson, first governor of the State. Oe 
the 29tli of December, 1845, President Polk signed the 
bill extending the laws of the United States over Texas; 
and the same day on whicli Governor Henderson was inaug- 
urated, the postal service of the Union was extended over 
the State, and the custom houses and other public property 
of the late Eepublic relinquished to the United States. 
Thus annexation was consummated, and the '' Lone Star," 
the emblem of the youngest born of Republics, was merged 
in the constellation of the American Union. 



CHRONOLOGICAL REVIEW QUESTIONS. 

FOURTH PERIOD. 

When was Houston inaugnrated President ? October 22, 1836. Lamar P Decern* 
bet 10, 1838. 

When did Austin become the seat of government ? In 1839. 

When were the Cherokees expelled from East Texas? Tn the summer of 1839 

What occurred in 1840? The Comanches descended to the coast, burning Victori* 
and Linnville, but were totally defeated in the battle of Plumb Creek, August 12. 

At what time did the Santa Fe expedition start? June 20, 1841 

When was Houston inaugurated the second time? December 13, 2***l 

What was the date of Vazquez's raid ? March 5, 1842. 

What was the date of Woll's raid ? September 11, 1842. 

When was the battle of Mier fought ? December 25, 1842. 

When was Jones inaugurated President? December 9, 1844. 

When did the Convention of Texas accept annexation ? July 4, ViOb. 

When was annexation consummated ? February 19, 1846. 



140 



HENDERSON'S ADMINISTRATION. 




PERIOD V. 

TEXAS A STATE OF THE UNION. 
From 1846 to 1875, 



SECTION I. 



HE^DERSOKS ADMINISTRATIOIT. — WAR WITH MEXICO. — 
BATTLES OF PALO ALTO AND RESACA DE LA PALM A. 

1. Texas, having been admitted as a State of the Union, 
was no longer compelled to maintain a navy, a corps 
of diplomatic agents, or a postal system. The legislature 
addressed itself to the passage of such laws as were necessary 

Section I.— 1. Who was the first governor ? J. Piiickney Henderson. From 
what burden was the State relieved ? Mention some of the acts of the Lcgi!*lature. 



WAR WITH MEXICO. 141 

to preserve public order and develop the resources of the 
country. The land office was continued in operation, and 
provision made for establishing a penitentiary. Twenty- 
nine new counties were created, and two congressional and 
eight judicial districts formed. 

2. When the bill for annexation passed the United States 
Congress, Almonte, the Mexican Minister at Washington, 
entered his protest against it, demanded his passports, and 
thus cut off all diplomatic intercourse between the two na- 
tions. During the pendency of the question, the United 
States had kept two regiments of cavalry and one of infan- 
try, as an army of observation, near the Sabine river. On 
the 26th of June, 1845, this force, under General Taylor, 
sailed from New Orleans to Corpus Christi, and there es- 
tablished headquarters. 

3. About the same time, G-eneral Twiggs took a regiment 
across Texas by land. In March, 1846, Taylor's army 
started for the Rio Grande. The first fighting of the war 
was done by Captain James Gillespie, of the Texas Rangers, 
who captured the town of Laredo, before joining Taylor at 
the mouth of the Rio Grande. The American army gained 
the battle of Palo Alto on the Stli of May, and that of 
Resaca de la Palma on tlie 9th, after which it crossed the 
Rio Grande into Mexico. Governor Henderson, who was 
authorized by the legislature to command the Texans mus- 
tered into the service of the United States, was appointed 
by General Taylor a brigadier-general of volunteers. During 
his absence Lieutenant-Governor Horton filled the office of 
Governor. 

2* Against what did the Mexican Minister at Washington enter hi-s protest f 
Why had the United States kept troops on the Sabine ? When did Taylor sail for 
Corpus Christi ? 

3. What General passed through Texas by land? When did Taylor start for the 
Rio Grande ? Give the date of the battle of Palo Alto. Of Resaca de la Palma. 
Who commanded the Texans ? 



142 WOOD'S ADMINISTRATIOir. 



SECTION 11. 



v'r 



WOOD'S ADMINISTRATION". — THE PUBLIC DEBT. — SANTA FB 

CONTROVERSY. 

1. The settlement of the public debt began to engage the 
serious attention of the legislature. Nominally it amounted 
to over $11,000,000. Eeduced to its equitable value, it was 
$5,528,195. Wliile the creditors were clamorous for their 
pay, they felt that it was well secured, as the whole public 
domain was pledged for its liquidation. 

2. The frontier was harrassed by Indian raids ; and 
though the legislature had made no provision for its de- 
fence. Governor Wood mustered a few companies of rangers 
into the service of the State. 

3. Texas claimed the Rio Grande river as her southwestern 
and western boundary. This included a portion of New 
Mexico, the same territory that had been ceded to the United 
States in the treaty at Guadalupe Hidalgo, and which Gen- 
eral Kearney had taken possession of in 1846. A territorial 
government had for some time been established there. 

4. In 1847 Governor Henderson, in his message, callod 
the attention of the Legislature to tlie claim of Texas to 
Santa Fe. In 1848 the Legislature passed a bill extending 
the laws of Texas over the disputed territory, and Judge 
Beard was sent out to organize a District Court. When he 
arrived, finding it impracticable to hold a Texas Court, he 

Section II.— 1. Who was the second governor? George T. Wood. Whai 

subject engaged pul)lic attention? 

2. What was the condition of the frontier ? 

3. What (lid Texas claim as her western boundary ? What did this include ? 

4. Who had previously called attention to this subject ? What bill was passed to 
1848? 



SANTA Fk CONTROVERSY— BELUS ADMINIS'N 143 

commenced the practice of law before the courts already es- 
tablislied. For this the Legislature suspejided him from 
office, and threatened him with impeachment. Governor 
Wood thought Texas should take forcible possession of New 
Mexico, and asked that the whole military power of the 
State be placed at his disposal for tliis purpose. 

5. In the mean time, under instructions from Washing- 
ton, Colonel Munroe, commander at Santa Fe, ordered an 
election, and a tei'ritorial delegate was sent to Congress. 
This increased the excitement in Texas. It was contended 
that, if the delegate from New Mexico was admitted to his 
seat, our Congressmen sliould at once retire ; and if the 
Government at Washington insisted on retaining possession 
of Santa Fe, Texas should withdraw from the Union and 
resume her nationality. Governor Wood remonstrated with 
President Taylor against the course of the United States. 
To this the President made no reply. This question was 
still unsettled when Governor Wood's official term expired. 



SECTION III. 



BKLL'S ADMINISTRATIOIS'. — SALE OF SAJ^TA FE TO THS 

UNITED STATES. 

1. The first subject that engaged the attention of Gover- 
nor Bell related to Santa Fe; while Fillmore, having become 
president, declared that if the Texans attempted to exercise 

5 . What officer was in command in Santa Fe ? What election was ordered T 
Did the Texans object? 

Section III.— 1. Who was the third governor ? P. Hansborongh Bell. What 
qnestion first engaged his attention ? For what purpose was the Legislature con- 
vened in 1850? 



144 SALE OF SANTA F& TO THE UNITED STATES. 

any authority in New Mexico they would be treated as in- 
truders. Governor Bell, in 1850, convened the Legislature 
in extra session to consider this subject. In his message he 
advised the military occupation of Santa Fe, but suggested 
that Texas might be willing to sell the vacant land there 
provided the territory was still left under the jurisdiction o! 
our State. This question agitated the whole nation, and 
threatened, at one time, to create a serious disturbance. 
The Southern States generally joledged a support to the 
claim of Texas. 

2. As a compromise measure, Colonel Benton introduced 
a bill into the United States Senate proposing to pay Texas 
$15,000,000 for Santa Fe, and, out of the remainder of the 
State, to form two we^w States. This proposition was modi- 
fied by the Pearce bill, which finally became a law. This 
left the question of the division of Texas entirely with her 
own people. The United States agreed to pay $10,000,000 
for Santa Fe, one-half to be retained in the United States 
treasury to liquidate the public debt of the Republic of 
Texas. 

3. In Texas, Pearce's bill was at first opposed by leading 
journals and politicians. They objected to it because it im- 
plied a distrust of the good fiiith of the State in dealing 
with her own creditors. The question was submitted to a 
popular vote, and, after a full discussion, the people, with 
singular unanimity, sanctioned the measure. After this ex- 
pression of the popular will, the Legislature accepted the 
proposition.* 

* As this definitely settled the north-western boundary of the State, we give 
the section fixins; said boundary: "The State of Texas will agree that her boundary 
on the north shall commence at the point at which the meridian of one hundred de- 
prees west from Greenwich is intersected by the parallel of thirty-s-ix degrees thirty 
miLutes nortu latiiude, and shall run from said point due west to the meridian o( 

2. Give Mr. Benton's proposition. Mr. Pearce's bill. 

3. Why was Pearce's bill at first opposed in Texas? Was it finally adopted? 



PEASE 'S ADM1NI8TRA TION— PROGRESS. 1 45 

4. Heretofore the State had used the old buildings belong- 
ing to the republic. A portion of the money derived from 
the sale of Santa Fe was expended in building a new capi« 
tx)l, land office, and treasury building. 



SECTION IV. 



pease's ADMINISTRATIOl!^. — PROGRESS. — SCHOOL FUND. — 
PUBLIC DEBT PAID. — STATE AID TO RAILROADS. 

1. The period of Governor Pease's administration (1853 to 
1857) was one of rapid progress and great prosperity. A 
new and improved criminal code and code of criminal pro- 
cedure were adopted; two millions in United States bonds 
were set apart for a school fund; laws were passed for the 
establishment of asylums for lunatics, for the blind, the deaf 
and dumb, and for orphans, and one hundred thousand acres 
of land given to each. All, except the last, went into oper- 
ation during Pease's official term. 

2. It appearing that tlie $5,000,000 reserve in the United 
States treasury was not sufficient to pay the principal and 
interest of the public debt of Texas, Congress, in February, 
1855, passed a bill approi^riating $2,750,000 in addition to 
the $10,000,000 previously paid for Santa Fe. Every cred- 
itor of the old Republic of Texas was soon equitably paid. 

one hundred and three decrees west from Greenwich; thence her boundary shall run 
^ne south to the thirt}'-pecnnd degree of north latitude; thence on the said parallel 
of thirty-two degrees north latitude to the Rio Bravo del Norte, and thence, with tho 
cbiinnel of said river, to the Gulf of Mexico." 



4. How did the State use part of the money for which Santa Fe was sold ? 

Section IV.— 1, Who was the fourth governor of Texas? Elisha M. Pease. 
What was the condition of the State ? What amount was set apart for a echool 
fund ? What asylums founded ? 

2. What was the sum finally paid by the United States for Santa Fe ? 



146 THREE POLITICAL PARTIES—" CART WAR." 

3. Oil the recommendation of the Governor the Legishitur€ 
passed a general railroad law, granting sixteen sections of 
land for each mile of completed road, and loaning to railway 
companies 16,000 per mile from the school fund, taking a 
first mortgage upon the roads as security. 

4. Heretofore elections in Texas had depended, almost en- 
tirely, upon the personal popularity of candidates. The 
Democratic party had introduced Texas into the Union, and 
the mass of the people belonged to the Democracy. In 1854 
the Know-Nothing party was organized. General Houston 
committed himself, for a time, to this organization, and, in 
1855, L. D. Evans was elected to Congress upon this ticket. 
But the excitement growing out of the Kansas-Nebraska 
bill introduced into the United States Senate by Mr. Doug- 
lass, in 1853, soon diverted public attention from all other 
questions. Three great political parties sprung into exist- 
ence: a Free-Soil party, a Conservative or Union party, and 
a States-Rights Democratic party. Pease, the Democratic 
candidate, was re-elected governor in 1855. 

5. Many slaves had escaped from Texas into Mexico. It 
was thought a portion of the Mexican population in Western 
Texas aided in their escape. Public meetings were held in 
Gonzales, Austin, and other places, at which planters were 
advised not to employ Mexican laborers. The Mexicans, 
however, continued to come into the State, and many of them 
were employed is teamsters in transporting goods from the 
seaports to the interior. This produced an excitement in 
Goliad and Karnes counties. The Mexican trains were as- 
Bailed by bands of armed men, and, in some instances, goods 

3* Give the provisions for the railroad law. 

4. Wliat political party introduced Texas into the Union ? Wliat par'.y arose in 
ISSl ? Who w^as elected governor in 1855 ? 

5« Of what were some of the Mexican? in the west suspected ? What caused the 
cart war ? 



RUNNELS' ADMINISTRATION 147 



were destroyed and the drivers killed. After visiting San 
Antonio and inquiring into the facts in reference to the 
" Cart War," as it was called, Governor Pease called out a 
company of seventy-five men to protect the cartmen. Peace 
was thus restored. 

6. The interest on the $5,000,000 United States bonds ac- 
cumulating in the treasury furnished means to defray the 
expenses of tlie State government, and the Legislature re- 
mitted to the several counties the taxes from 1851 to 1857. 
Most of the counties expended this money in building 
court-houses and jails. 

7. The people of Texas generally disapproved the vote 
given by Senator Houston on the Kansas-Nebraska bill. It 
was evident that he would not be re-elected to the Senate, 
and he became a candidate for Governor. H. R. Runnels, 
the regular Democratic nominee, was elected by a majority 
of 8,924 in a total vote of 56,180. 



SECTION V. 

RUN'N'ELS' ADMINISTRATIOif. — NORTHERK" BOUNDABY 
LIJTE DEFINED. — INDIAN" RESERVATIONS, ETC. — TROUBLE 
FROM CORTINA. — EVIDENCES OF PROGRESS. 

1. A part of the northern boundary line of Texas, on 
Red River, had never been accurately defined. In 1857 
Congress appropriated $80,000 to defray the expense of 
marking this line, and Major Emory of the army was sent 

6. By what means were the expenses of the State government defrayed? Fof 
how many years were Stare taxes relinquished to the counties? 

Section V.— 1, Who was the fifth governor? Hardin R. Runnels. Whal 
boundary line was marked ? 



148 NORTHERN BOUNDARY— INDIAN RESERVATIONS. 

to make the survey. At the 99^ west longitude, near the 
corner of Wilbarger and Wichita counties, Pease river enters 
the main Red river. Major Emory at first contended that 
Pease river should constitute the line, but at the remon- 
strance of the Texas commissioner, finally consented to ex- 
tend Texas to the North Fork of Red river. This left a 
large and valuable scope of country in the State. 

2. In 1854 the Legislature placed temporarily under the 
control of the United States two tracts of land upon which 
Indians, claiming a domicil in the State, might be located. 
Both of these reservations were on the Brazos river, in 
Young land district. One contained four, and the other 
eight leagues. Under the management of Major Neighbors, 
the agent, large numbers of Oomanches were collected at 
the upper Reserve, and remnants of the Oaddoes, Tonka was, 
Wacoes, and other tribes at the other. 

3. The Report for 1858 represented these Indians as doing 
well, and as rapidly acquiring the habits of civilized life. 
At the lower Reserve there was a school with fifty pupils, 
six hundred acres of land were in cultivation, and the In- 
dians had a good supply of horses, cattle, hogs, etc. While 
some of the white settlers lived on friendly terms with these 
Indians, others were constantly involved in difficulties with 
them. The country around the Reservations was susceptible 
of settlement, and it soon became manifest that the Indians 
must be removed. 

4. At the request of the citizens of the surrounding coun- 
try the United States Government promised that they should 
be transferred to the Indian territory north of Red river 

2. Where did the Legislature provide reservations for Indians ? 

3* What was the condition of the reserve Indians in 1858 ? Why was it necessary 
that the Indians should bo removed ? 

4. To what point did the government promise to take them ? What occurred 
early in 1859 ? On May 3 ? When were they finally remcved ? 



INDIAN TROUBLES— CORTINA. 149 

This not being promptly done, a party of about twenty 
whites attacked a small band of Indians, killing seven. 
Among those killed was an influential chief, whose boast 
was that he had ever been faithful to the whites. This was 
in December, 1858. Early in 1859 hundreds oF citizens as- 
sembled at Stephensville, and threatened forcibly to expel 
the Indians. Governor Runnels, anxious to prevent blood- 
shed, and believing the government would in due time re- 
move them, issued a proclamation requesting the citizens to 
disband, and refrain from all unlawful interference with the 
Reserves. For a time this quieted the excitement; but the 
government failing to redeem its promise, a considerable 
number of citizens, on tlie 3d of May, attacked the upper 
Reserve, killing fifteen Indians. Finally, in August, 1859, 
Major George H. Thomas, of the United States Army, re- 
moved these Indians across Red river, and placed them in 
tlie Wichita agency. 

5. In the early part of 1858, Colonel John S. Ford, with a 
company of Texas Rangers, penetrated the Indian country, 
and had a severe fight on the Canadian river, killing some 
seventy of the savages. Soon after Ford returned. Major 
Earl Van Dorn, with a company of dragoons, went on a 
scouting expedition into the Indian range. When near the 
Wichita village he had a severe fight, killing flfty-six In- 
dians. The Major was himself wounded, and had one of his 
lieutenants killed in this fight. 

6. During 1859 there were some disturbances upon the 
Rio Grande frontier. On the 1st of October, Juan N. Cor- 
tina, a partisan Mexican leader, crossed the river and took 
military possession of the city of Brownsville. He was con- 
fronted by Ford of the Rangers, and Heintzleman of the 

5. Give the particulars of Ford's expedition in 1858. Of Van Dora's. 

6. Who created a disturbance on the Rio Grande in 1859? Of what citY did 
Cortina talje possession ? 



150 PROGRESS— HO USTON'S ADMINISTRATION. 

Uniied States Army, and after some skirmishing, driven 
back into Mexico. Subsequently to this, Cortina captured 
one of the Eio Grande steamers, and committed other 
offenses. 

7. Finally, Colonel Robert E. Lee, who had been assigned 
to the command on the Rio Grande, threatened that if Cor- 
tina did not cease his depredations he would send a sufficient 
military force to capture and punish the guerrilla chieftain 
wherever found. This threat had the effect to restore 
quiet. 

8. During Governor Runnel's administration Texas con- 
tinued to prosper. There was a rapid increase of population 
and wealth. Various companies were engaged in improving 
the navigation of her bays and rivers ; railroads made satis- 
factory progress; and schools and churches multiplied 
throuo:hout the State. Runnels received the Democratic 
nomination for re-election. Houston again ran as an inde- 
pendent candidate, receiving out of 64,027 votes cast, a 
majority of 8,770. 



SECTION VI. 



HOUSTOK'S ADMII^ISTRATION". — FRONTIER PROTECTIOIT. — PO- 
LITICAL EXCITEMENT. — THE CONVENTION. — SECESSION. 

1. Perhaps, to divert attention from the intense sectional 
excitement at home. Governor Houston, in his inaugural 
message, advocated tlie establishment of a protectorate 
over Mexico, a measure he had previously proposed in the 

7, Who finally restored quiet on that frontier ? 

8. Mention some evidences of prosperity. 

Section VI.— 1. Who was the sixth governor? Sam Honston. What did 

Houston recommend in his inaugural? 



FRONTIER PROTECTION— EXCITEMENT. 151 

United States Senate. Soon after his inaugnration, he sent 
two commissioners to the Rio Grande to inqnire into the 
state of affairs on that frontier, but public attention, was 
soon engrossed by more important events, and Mexico and 
the Rio Grande frontier, were, for the time being, losl 
sight of. 

2. The year I860, was one of feverish excitement in Texas. 
The Indians were more daring and barbarous tlian ever be- 
fore. Tiie Legislature authorized the Governor to call out 
a regiment of Rangers for frontier protection. Nine com- 
piinies were mustered into service, under the command of 
Colonel M. T. Johnson, but no adequate appropriation had 
been made for their support, and they were soon disbanded. 
The Governor then authorized the formation of minute 
companies in frontier counties, which were to be furnished 
with arms by the State, and ready on short notice to pursue 
the savages. They received pay only for the time actually 
employed in scouting. 

3. During the summer many houses vv^ere burned in Tex- 
as, believed to have been the work of incendiaries. The air 
was rife with rumored attempts at poisoning and assassina- 
tion. It was generally believed that there would be an out- 
break among the negroes on the day of the general election 
in August. The election, however, passed off without any 
extraordinary disturbance. The election of Mr. Lincoln, as 
President, and the action of some of the Southern States, 
intensified the agitation in Texas. 

4. Governor Houston was known to be opposed to seces- 
sion. He addressed a circular letter to the Governors of 
other Southern States, proposing a consultation for joint 

2. What can you say of the year 1860 ? 
3* What occnrred in the summer? 

4. Wliat course did Houston recommeud to governors of other Southern States! 
Wlien did the Legislature convene ? 



152 STATE GONVENTION'-^SEGESSION. 

action. This met wita no response. On the 17th of De- 
cember, he issued a proclamation convening the Legislature 
on the 21st of January. By common consent, the people, 
on the 8th of January, elected delegates to a State conven- 
tion. 

5. The Governor, in his message to the Legislature, strong- 
ly advocated what were called the " Tennessee Resolutions," 
which looked to a cooperation with the border States. But 
a large majority of the members of the Legislature were for 
secession, and that body promptly recognized the convention 
which met in Austin, January 2Sth, 1861, and which, on 
the 1st of February, by a vote of one hundred and sixty- six 
to seven, passed the ordinance of secession, subject to ratifi- 
cation or rejection by the people. The vote was taken on 
the 23d of February, thirty-nine thousand four hundred and 
fifteen voting for, and thirteen thousand eight hundred and 
forty-one against the measure. Immediately after the elec- 
tion the convention re-assembled, and on March 14th all 
officers of the State were required to take an oath to sup- 
port the new Confederacy, which had been formed at Mont- 
gomery, Alabama. Governor Houston protested against this 
act, and he and Major Cave, Secretary of State, declined to 
take the oath, and were displaced from office, Lieutenant 
Governor Clark being installed Governor. All other State 
officers, on taking an oath to the Confederacy, continued in 
their respective positions. 

5» Wliat resolutions did Houston recommend ? Wlien did the Convention meet? 
When pas3 Secession ordinance? WTiat was required March 14 ? Did Hoaston tak< 
Ibe oath ? 



CLARK'S ADMINISTRATION— WAR MEASURES, 153 



SECTION VIL 
Clark's .ADMiisriSTRATioiT. — war measures. — texas ports 

BLOCKADED. 

1. The public mind was engrossed with preparations for a 
gigantic war. The Legislature authorized the issuing of 
five hundred thousand dollars in State bonds. In April, 
Governor Clark divided the State into eight military dis- 
tricts, for camps of instruction. Soon afterwards he formed 
three others ; and in August he appointed thirty-two brig- 
adier generals of the militia. By the l&t of August, Texas 
had ten thousand men in the Confederate army ; and by the 
7th of November, the number had increased to fifteen thous- 
and. In the meantime, Texans were prohibited from paying 
debts due in the North, and all commerce ceased, except 
through blockade running. 

2. When the war broke out, there were about twenty-five 
hundred United States soldiers guarding the frontier of Tex- 
as, consisting of twenty-two companies of infantry, ten of 
cavalry, and five of artillery. One of the first measures 
adopted by the newly instituted government, looked to the 
capture of these troops, and the possession of the public 
property. 

3. On tlie 16th of February, General Twiggs surren 
dered to the Texas Commissioners, the arsenal and army 
stores in San Antonio, estimated at one million two hun- 
dred and twenty-nine thousand five hundred dolhirs. In 

Section VII.— 1, Who was the- seventh governor? Edward Clark. What 
subject enjjrossed public attention? 

2* How many United States .«oldiers were on the Texas frontier? 

3. When was the public property in San Antonio surrender' td ? Under what 
stipulations? 



154 TEXAS PORTS BLOCKADED. 

Burrenderiiig the troops, General Twiggs stipulated that offi- 
cers should retain their side arms, and all should be permit* 
ted to proceed to the coast, and embark for the North in 
Federal transports. The United States sent the transport 
steamer Star of the West to remove these soldiers. ' The ves- 
sel was captured April 17th, off Pass Cavallo, by Colonel 
Earl Van Dorn. No Federal transport reaching Indianola, 
the officers chartered a couple of schooners, upon which the 
soldiers were embarked. These schooners, containing four 
hundred and fifty men, under Major Sibley, were surround- 
ed and captured by Van Dorn, in Matagorda Bay, April 24th. 
On the 9th of May, Van Dorn also captured, near San An- 
tonio, three hundred and sixty-six United States soldiers, 
who were making their way to the coast from the frontier. 

4. The various military posts on the lower Rio Grande, 
surrendered to Colonel John S. Ford. Colonel William C. 
Young collected a company, crossed Red river, and captured 
Fort Arbuckle in the Indian territory. Major Emory, the 
commander, retreating to Kansas. On the 26th of July, 
Colonel John R. Baylor, with a small force, took possession 
of the town of Mesilla, and on the 1st of August issued his 
proclamation as Governor of Arizona. 

5. On the 2d of July, Galveston was blockaded by Fed- 
eral gun-boats, and soon afterwards all the ports of Texas 
were similarly closed. These gun-boats captured many mer- 
chant vessels engaged in blockade running. On the 3d of 
August, the schooner Dart, running within range of the 
forts on Galveston island, was fired upon. Captain Aldeu, 
of the blockading fleet, returned the fire, killing one man on 
the Island. 

4. To whom were the military posts on the Rio Grande Baixendered ? Who cap 
cured Fort Arbuckle? Who took possessjion of Mesilla? 
6. When was Galveston blockaded ? 



L UBBOGK'S ABMmiSTRA TION— PROSPERITY. 155 



SECTION VIII. 

I UBBOCK'S ADMI^qTSTRATIOl^. — TEXAS PROSPEROUS. — CON- 
FEDERATES EVACUATE GALVESTON". — MAGRUDER RECAP- 
TURES THE CITY. — DEFENCE OF SABINE PASS. 

1. The year 1861 was favorable for crops, and provisions 
were abundant. Large quantities of cloth were mainrfac- 
tiired. Cotton, transported to the Rio Grande, found a 
ready sale, and returning teams brought back such supplies 
as were not produced at home. Salt was procured from the 
salt lagoons on the coast, and upon the whole, the people of 
the State were in a prosperous condition. 

2. Thp Legislature constituted the Governor, Comptroller, 
and State Treasurer, a Military Board, to purchase cotton 
for export, and to import such supplies as were needed in 
the State. Before the close of Governor Lubbock's admin, 
istration, it was estimated that Texas had ninety thousand 
men in the Confederate army, while the men at home, not 
subject to conscription, were enrolled as State troops. In 
1863 the Legislature appropriated six hundred thousand 
dollars for soldiers' families, eight hundred thousand dollars 
for frontier protection, and two million dollars for hospitals. 

3. In the fall of 1861, General Sibley, with a brigade of 
three regiments, left San Antonio for the Rio Grande. He 
arrived at Fort Bliss on the 16th of December, and pro- 
claimed the Confederate laws over the Texas side of the val- 

Section VIII. — 1. Who was the eighth governor? Francis R. Lubbock. 
Tor what was 1861 favorable ? Where was cotton taken for sale ? Where was salt 
procured ? 

2. Who constituted the State military board ? Hovr many men had Texas in the 
Confederate army ? 

3. When did the Arizona brigade start for the Rio Grande ? Mention the throe 
oattles fought. 



156 WAR OPERATIONS AT OALVESTON. 

ley of the Rio Grande. On tlie 21st of February, 1862, the 
battle of Val Verde was fought, the battle of Glorietta on 
the 27th of March, and the battle of Peratta on the 23d of 
April. After this, finding it not practicable to remain in tha 
distant region, the brigade returned to Texas. 

4. May 17th, 1862, Commodore Eagle of the Federal Navy, 
demanded possession of Galveston. It was not surrend- 
ered. On the 4th of October the demand was repeated, and 
four days given for the removal of women and children. 
The Confederates withdrew to Virginia Point, six miles dis- 
tant, spiking such guns as they could not remove. The Fed- 
eralists landed two hundred and sixty men of the 42d Mas- 
sachusetts, who occupied one of the wharves. In November, 
General Magruder, the commander in Texas, called for five 
thousand iState troops for the defence of the coast. The 
new levies, added to the Arizona brigade, furnished Magru- 
der with a large force, and he at once commenced preparing 
for the recapture of Galveston. Tliere were five Federal 
gun-boats in the harbor and channel. 

5. About midnight, December 31st, a division of Magru- 
der's army silently entered the city, and was posted at prop- 
er strategic points. A little later, two bayou steamboats, 
which had been barricaded with cotton, moved down to aid 
in the attack. After a short engagement, the Harriet Lane, 
lying at the wharf, was boarded by the assailants and cap- 
tured, after her commander and first lieutenant had been 
slain. 

6. The Westfield, the flag-ship of Commodore Renshaw, 
was aground. To prevent her from falling into the hands oi 

4. What occurred May 17, 1862 ? When was the demand repeated f When did 
Magruder assume command in Texas ? For what did he at once commence prepara- 
tions ? 

5* When did the attack take place ? Give the particulais of tho fight. 

6. What became of the Westfield ? 



SABINE PASS—MURRA H'S ADMINISTRATION. 157 

the Confederates, she was blown up, and by a premature ex- 
plosion, the Commodore and fifteen men lost their lives. 
The Federal troops on the Island surrendered, and the othei 
gun-boats left the harbor. 

7. The next engagement on the coast of Texas was at 
Sabine Pass. K small fort had been erected to guard the 
Pass, which was garrisoned by only forty-one men. This 
small company successfully resisted an attempted invasion 
under General Franklin, and captured the steamer Clifton 
and the gun-boat Sachem, gaining one of the most surpris- 
ing yictories of the war. 



SECTION IX. 

MURRAH'S ADMIN"ISTRATI0N. — COTTON" BUREAU. — FEDERALS 
AT BROWN"SVILLE. — FIGHT WITH THE KICKAPOOS. — DIS- 
BANDING OF THE CONFEDERATE ARMY. — GENERAL GRAN- 
GER IN COMMAND. 

1. Texas continued to make overwhelming crops. It was 
estimated that the cotton crop for 1863 amounted to 
300,000 bales, about half the amount raised in all the 
Confederate States. The Military Board at Austin was re- 
organized, and, with the Police Court of each county, au- 
thorized to export cotton and import supplies. Six hundred 
thousand yards of cloth from the penitentiary, and all the 
surplus thread of that institution, were reserved from sale 
except to soldiers and their families. 

2. There was also organized at Houston, the military 

7. Give the particulars of the fight at Sabine Pass. 

Section IX.— 1. Who was the ninth governor ? Pendleton Hurrah. Whatwat 
the amount of the cotton crop ? 
2. For what purpose w%8 tlie cotton bureau organized f 



158 COTTON B UREA U—BRO WNSVILLE. 

headquarters, a ConfederMte Cotton Bureau, with autliority 
to impress cotton for the use of the army. When the 
planter gave up one half of his cotton, he obtaiued a permit 
to export the other half. The Cotton Bureau, which was 
organized in December, 1863, had, by the middle of May, 
realized the sum of $151,490, specie, for cotton sold, uo<i 
counting some $70,000 lost by oue of its agents, by a rob- 
bery near Clinton, DeWitt county. Soon after this robbery^ 
the operations of the bureau were suspended. 

3. On the day Governor Murrah was inaugurated, 5th 
November, 1863, General Bee evacuated Brownsville, re- 
treating before a large Federal army under General Banks, 
who advanced along the coast, reaching Aransas Pass on the 
17th of November, and Pass Cavallo, November 30th. 
Major Ireland, in command, evacuated Fort Esperanza on 
the advance of the Federals. The Union troops occupied 
Indianola, December 13th, and Lavaca, December 2Gth. 

4. On the night of December 29th, the company of Cap- 
tain Eugely, of Matagorda county, attempted to pass in 
small boats from the main land to the Peninsula ; they en- 
countered a severe norther, in which fourteen of the men 
perished with cold. 

5. On the 13th of March, 1864, the Federals evacuated 
Matagorda Bay. A garrison, however, was left at Browns- 
ville, on the Rio Grande. The last battle of the war waa 
fought near the old Palo Alto battle-ground. May 13th, 
1865. 

6. On Christmas day, 1864, a force of about four hundred 
frontier soldiers and militia left camp McCord, on the Colo- 



3* When did General Bee evacuate Brownsville ? When did the Federals reacll 
Aransas? Pass Cavallo ? Indianola? Wiien did they occupy Lavaca? 
4. What misfortune happened to Riigely's company? 
,">, WTien did the Federals leave Matai,'orda bay ? 
6. Give the incidents of the Kickapoo fight. 



FIGHT WITH KICKAPOOS. 159 

rudo, on an Indian scout. On Dove Creek, a tributary of 
the North Concho, a body of Kickapoo Indians was discov- 
ered on the 8th of January, 1865. Their camp was in a 
dense thicket, and there were no means of ascertaining their 
numbers. A desperate fight ensued, in which the soldiers 
displayed great heroism, frequently charging into the 
thicket. At night the assailants withdrew, having lost 
seventeen killed and twenty-five wounded. It was intended 
the next morning to renew the fight, but a cold rain ren- 
dering it impracticable to do so, they returned to camp Colo- 
rado, and reported having killed fifty-three Indians, includ- 
ing two women and two children.* 

7. In the summer of 1864, General E. Kirby Smith was 
ill command of the trans-Mississippi Department, and Gen- 
eral J. G. Walker in Texas. Nothing, however, of great 
importance occurred in this Department, as the most of the 
Federals had been withdrawn to cooperate with Sherman in 
his march to the sea, or with Grant, who was drawing his 
lines around Richmond. Lee surrendered on the 9th of 
April, 1865, Joseph E. Johnston on the 26th of the same 
month, and Taylor on the 6th of May. 

8. On the 25th of May, Governor Murrah issued three 
proclamations: one commanding civil officers to preserve 
public property; another convening an extra session of the 
Legislature, July 6tli ; and a third ordering an election, June 
19th, for delegates to a convention. The last two were set 
aside by the Federal commander. 

* The Kickapoos, on their arrival at Piedras Negras, gave a report of th'.a 
Bght, which may interest the reader. They said about one tliou^^and of thera were 
pa«.sin;r throngh an uninhabited portion of Texas to their new home;? in Mexico, 
when they were attacked by a body of Texans, and had fourteen of their warriora 
killed and eight wounded. The Kickapoos gave a great deal of trouble to the inhab- 
itants along the Rio Grande, until 1874-5, when the agents of the United States con- 
veyed them again to their former homes. 

7. Who was in command in Texas in 1864 ? 

8. What proclamation did Governor Murrah issue, May 25 f 



160 PUBLIC PROPERTY SEIZED. 

9. On the 23d of May, the soldiers in Galveston, Houston, 
and other places,, threw off the control of their officers. 
They took possession of the public property, guns, ammu- 
nition, clothing, and all kinds of army stores, and large 
packages of Confederate money were scattered profusely 
through the streets, every one taking what he could carry 
away. At Navasota, either through carelessness or design, 
a lighted match was throAvn upon a pile of powder, and an 
exi)losion followed by which eight lives were lost, several 
buildings burned, and nearly all the windows in the town 
broken. The damage amounted to $70,000. 

10. At first private property was respected, but as the 
spirit of lav/lessness spread throughout the State, teams re- 
turning from the West with goods were seized, and in some 
instances stores were entered. At Austin, among otiier arti- 
cles distributed, were 50,000 pairs of cotton and woolen 
cards. On the 11th of June the State Treasury was broken 
open and robbed. At Brownsville, the soldiers of Bene- 
vedes's command compelled the Onstom-house officers to 
pay them off in specie. The citizens of Huntsville, hearing 
that the Penitentiary was to be plundered, organized a 
strong guard and protected it, confining the prisoners in 
their cells until the danger passed. 

11. On the oOth of May, Generals Smith and Magrudei 
went on board a Federal vessel in Galveston harbor and 
formally surrendered the trans-Mississippi Department. On 
the 19th of June, General Granger, United States Army, ar- 
rived in Galveston and assumed command. He announced 



9. When did the soldiers throw oflE the control of their officers? How Avae the 
public property disposed of ? Wliat happened at Navasota ? 

1 0. Was private property respected ? What hapj>ened at Austin ? At Hunts- 
ville? 

11. When was the trans-Mississippi department formally surrendered? Wha 
assumed command June 19 ? 



00 VERNOn UAMIL TON—RECONSTR UGTION. 1 6 1 

the emancipation of slaves in Texas, and suspended all 
legislative enactments inconsistent with the laws of the 
United States. 



SECTION X. 



Hamilton's administration. — first reconstruction. — 
convention of 1866. 

1. On the 17th of June, President Johnson appointed 
Andrew J. Hamilton Provisional Grovernor of Texas. Gov- 
ernor Hamilton arrived in Galveston on the 21st of July, 
and on the 25th issued a proclamation announcing his ap- 
pointment, and assuming the duties of his office. In this 
he foreshadowed the policy to be pursued in restoring the 
State to the Union. The freedmen were advised to remain 
with their former masters and gather the growing crop, re- 
ceiving a reasonable compensation for their labor. A good 
crop was -raised, cotton bore an unusually high price, and 
the year was one of financial prosperity. As soon as practi- 
cable, the civil officers of the State were filled by those be- 
lieved to be loyal to the government, and persons were 
appointed in the various counties to administer the amnesty 
oath prescribed by President Johnson. 

2. On the 15th of November, Governor Hamilton issued 
his proclamation for an election to be held January 8th, 
1866, for delegates to a State Convention. For the first time 
in the history of Texas, voters were required to be registered. 
By direction of President Johnson, this convention "was to 
be chosen by tliat portion of the people of Texas who were 

Section X. — 1. Who was the tenth governor? Andrew J. Hamiltoii. What 
advice did Hamilton give the freedmen ? 
2. When was the election lield for delegates to a convention ? 



it52 CONVENTION OF 1866— GOV. THROCKMORTON. 

loyal to the United States, and none others." The numbei 
of delegates was to be equal to tlie number of members of 
the House of Eepresentatives. The Governor invited the 
pe)ple cordially to engage in the work of reconstructing 
local government. 

3. The Convention met on the 10th of February, 1866, 
completed its work, and adjourned on the 2d of April. On 
the 4th of June the people voted on the adoption of the Con- 
stitution, and elected State ofl&cers and members of the Leg- 
islature. The Constitution was adopted by a vote of forty- 
eight thousand five hundred and nineteen; seven thousand 
seven hundred and nineteen voting against its adoption. 
The Legislature met on the 9th of August, and on the 13th, 
Governor Hamilton relinquished the executive department 
of the State to his successor, J. W. Throckmorton. 



SECTION XL 



THROCKMORTON'S ADMINISTRATION". — INDIAN DEPREDA- 
TIONS. — GOVERNMENT IN TEXAS PROVISIONAL.- -THROCK- 
MORTON REMOVED BY GENERAL SHERIDAN. 

1. The Legislature which was in session when Governor 
Throckmorton was inaugurated (August 13th, 1866), elected 
United States Senators, divided the State into four districts, 
and ordered an election for Congressmen. It also adopted 
such measures as were deemed necessary for the complete 
restoration of the civil law. 

2. The frontier had suffered fearfully from Indian depre- 

3. When did the convention meet? When did the Legislature meet? 
Section XI.— 1 . Who was the eleventh governor ? James W. Throckmortoa 

Mention some of the acts of the Lesislature. 
2. What was the condition of the frontier 1 



INDIAN DEPREDA TIONS—00 TNT PRO VISIONAL. 1 G3 

dations. A committee of the Legislature reported that within 
two 3^ears from the close of the war, one hundred and sixty- 
two persons had been killed by Indians, twenty-four wound- 
ed, and forty-three carried into captivity. Of this number, 
twenty-nine were reclaimed. On the Indian and Rio Grande 
frontier, between thirty and forty thousand head of cattle 
and horses had been stolen. The Legislature passed a law 
for organizing three battallions of State troops for frontier 
protection ; but, as the Federal commander objected, they 
were never called into service. 

3. Governor Throckmorton entered zealously upon the 
duties of his office. He was an original Union man, and in 
the convention of 1861, voted against secession. It was 
thought he would be entirely acceptable to the authorities at 
Washington. But, whatever may have been the feeling per- 
sonally towards the Governor, many of the acts of the Legis- 
lature were severely criticised ; and, on the 2d of March, 
1867, Congress passed a law reducing Louisiana and Texas 
to the condition of territories, declaring their present gov- 
ernments provisional and under the control of the com- 
mander of the Fifth Military District. 

4. On the 15th of April, under instructions from General 
Sheridan, General Griffin issued an order forbidding all civil 
elections in Texas. On the 17th he ordered Judges to put 
olored men upon juries ; and on the same day established 
fifteen registration districts, corresponding with the judicial 
districts of the State. 

5. Finally, on the 30th of July, General Sheridan issued 
an order removing Governor Throckmorton, and appointing 
E. M. Pease in his place. 

3. How had Governor Throckmorton voted on the question of secession? What 
act passed Congre-s, March 2, 1867? 

4. When were elections prohihitedin Texas' 
5* When was Throckmorton removed? 



164 PEASmS ADMINISTBATION'. 



SECTION XII. 

pease's ADMINISTRATIOi?'. — SECOl^D RECOJ^STRUCTIOK. — 
CON^VENTION- OF 1868-9. 

1. Under the reconstruction law tlie Governor was merely 
an adviser of the Military Commander, who alone was 
responsible for the administration of the government, and 
whose ''orders" gave validity to laws, interpreted them, or 
set them aside. 

2. Soon after General Sheridan removed Governor Throck- 
morton, he was himself removed to another department by 
President Johnson, and General Griffin assumed command. 
General Griffin died with yellow fever, and was succeeded, 
for a short time, by General Mower. On the 29th of Novem- 
ber General Hancock was assigned to the Fifth Military 
District. During the short period in which he was in com- 
mand, military officers were prohibited from interfering with 
the civil authorities. He also disapproved the " secret in- 
structions" which bad been issued by General Griffin to 
Registrars, instructions that prevented the registration of 
persons who had held minor offices before the war, and after- 
wards voluntarily joined the Confederate army. Except for 
a short period in the spring of 1869, when General Canby 
was in command, General Reynolds was the commander in 
Texas during nearly the whole of Pease's administration. 

3. In the fall of 1867 there was, under military orders, a 
general registration of voters. This included the colored 

Section XII.— 1. Who was the twelfth governor? Elisha M. Pease? What 
was the position of the governor ? 

2* Who were the success*ive military commanders of the fifth district f Who 
commanded in Texas during the most of Pease's administration ? 

3 When were the freedmen permitted to register ? When was the election held i 



CONVENTION OF 1868-9- 165 

people. There were registered 56,678 white, and 47,581 
colored voters. About 25,000 whites were not registered, 
either through indifference or from disfranchisement. At 
the election held February 10th to 14th, 44,689 votes were 
cast for a Convention, and 11,440 against it. If those vot- 
ing in the negative had refrained from voting the measure 
would have failed, as the law required that, to call the Con- 
vention, a majority of those registered must vote on the 
question. 

4. The Convention met on the 1st of June, and, after a 
three months' session, took a recess until the 7th of Decem- 
ber, when it sat for two months longer. After its work was 
about completed, a number of members left, a quorum could 
not be obtained, and General Canby, then in command, ar- 
ranged the constitution and journals for publication. 

5. The election, which had been fixed by the Convention 
for July, was deferred, by order of President Grant, to the 
30th November and three following days. Governor Pease 
tendered his resignation, which was accepted September 30, 
1869, and, for three months, an Adjutant in cliarge of civil 
affairs performed the duties pertaining to the office of Gov- 
ernor of Texas. Edmund J. Davis was elected Governor. 



SECTION XIII. 

DAVIS'S ADMINISTRATION. — SENATORS AND REPRESENTA- 
TIVES ADMITTED TO CONGRESS. — VARIOUS LEGISLATIVE 
ACTS. — INCREASE OF POPULATION.— GENERAL ELECTION 
OF 1873. 

1. As soon as the returns of the election reached Austin^ 

4. When did the convention meet ? 

5. When was the general election held ? 

Section XIII.— 1. Who was the thirteenth govemer? Edmund .J. Davis. 
W^hen did Davis enter upon his office ? 



16G DA VIS'S ADMINISTRA TION. 

Genertil Reynolds appointed General Davis, Governor. lie 
reached Austin and entered upon his executive duties Janu^ 
ary 18, 1870. 

2. By order of General Reynolds the Legislature convened 
on the 8th of February. As a condition precedent to the 
restoration of Texas to the Union, the law of Congress re- 
quired that the Legislature should ratify the Xlllth, XlVth, 
and XVtli amendments to the Constitution of the United 
States. After ratifying these amendments and electing 
United States Senators, the Legislature adjourned February 
24th. 

3. On the 30th of March the bill accepting the Constitu- 
tion of Texas passed Congress and received the signature of 
President Grant, when the Texas Senators and Representa- 
tives were admitted to their seats; and, on the 16th of April, 
&r,neral Reynolds relinquished all jurisdiction over the civil 
affairs of Texas, thus restoring the supremacy of civil 
law. 

4. On the 26th of April the Legislature again assembled 
in what was denominated a " called session," and continued 
in session until the 15th of August. For frontier protection, 
the Governor was authorized to call out twenty companies 
of rangers^ and to sell bonds of the State to defray tlie ex- 
pense. He was also authorized to organize a State police of 
about two hundred and sixty officers and men, of which the 
Adjutant-General was, ex officio, the chief. The Legislature 
further invested the Executive with authority, in certain 
cases, to suspend the writ of habeas corptis j and, under this 
authority, martial law was, in three instances, declared 
during his administration. 

2. When did the Legislature meet? What bills were passed ? 

3. When did the bill pass Congress accepting the Constitution of Texas ? When 
did Reynolds relinquish control of civil affairs ? 

4. When did the Legislature again meet ? Mention some of its acts. 



VAEIO US LEOISLA TIVE AGT8—IMMIQRA TION. 1 6 ? 

5. A homestead bill, as required by the Constitution, be- 
came a law during this session. To heads of families desti- 
tute of land, one hundred and sixty acres were given, and 
eighty acres to single men. 

6. On the 10th of January, 1871, the Legislature re-assem- 
bled. Among the more important laws enacted was one au- 
tliorizing counties and cities to grant subsidies to 'A^orks of 
internal improvement. Another prohibited the carrying of 
deadly weapons, except in counties exposed to Indian raids. 
Provision was also made for a Bureau of Immigration, and 
for the establishment of Public Free Schools. 

7. At the general election held in November, 1872, the 
Democratic party elected all the Congressmen to which the 
State was entitled, and a majority of both brandies of the 
State Legislature. 

8. The Superintendent of Immigration estimated that 
during the year 1872 ninety-one thousand six hundred immi- 
grants landed in Texas, amounting to ten per cent, of our 
whole population. 

9. The Legislature met the 14th of January, 1873. The 
tone of the Governor's messnge was conciliatory. After the 
organization Mr. Flanagan, a Republican, resigned the presi- 
dency of the Senate, to which he had been elected at the 
previous session, and Mr. Pickett, a Democrat, was chosen in 
his place. All parties manifested a disposition to repeal or 
change obnoxious laws, reduce public expenses, and improve 
the finances of the State. The law creating a State police, 
and one authorizing the Governor to proclaim martial law, 

5. How ranch land did the homestead bill give the head of a family ? 

6. Mention some of the more important legislative acts. 

7. Which party triumphed at the election in 1872 ? 

8. How many immigrants entered Texas in 1872? 

9. When did the thirteenth Legislature meet? What disposition was manifested 
by all parties ? 



168 GENERAL ELECTION OF 1873, 

were repealed; while the election law and the school law 
were materially modified. 

10. The next general election took place on the 2d of De- 
cember, 1873, the democrats electing State officers. Congress- 
men, and a majority of both branches of tlie Legislature. 
After the election a case was brought before the Supreme 
Court on a writ of habeas corpus, in which the constitution- 
ality of the election law was incidentally involved. The 
court decided the law unconstitutional, and Governor Davis, 
on the 12th of January, 1874, issued a proclamation for- 
bidding the assembling of the Legislature. On the 13th the* 
two houses met and organized. The Governor, however, re- 
fused to recognize them. 

11. On the night of the 13tli the lower story of the capitol 
building, including the offices of the Governor and Secretary 
of State, was guarded by colored soldiers under command of 
the Adjutant-General, while the upper story, comprising the 
halls of the two houses,, was occupied by the Sergeants-at- 
Arms with a large number of deputies, including a military 
company. Serious fears were entertained of a collision, but, 
fortunately, no blood was shed. President Grant, who had 
been appealed to, declined to interfere, and, under a protest, 
the Secretary ol State permitted a committee of the Legisla- 
ture to take from his office the returns of the late election. 
The votes were counted, and Richard Coke and E. B. Hub- 
bard, the newly-elected Governor and Lieutenant-Governor, 
were duly installed. 

10. When did the general election take place? Which party triumphed ? What 
question was brought before ihe Supreme Court ? What proclamation did Davia 
issue? 

11. How was the capitol occupied on the night of January 13 ? How were the 
returns of the election procured ? 



COKE'S ADMINISTRATION. 169 



SECTION XIV. 

coke's ADMINISTRATION". — SUPREME COURT RE-ORGANIZED 
— CONSTITUTIONAL CONVENTION PROVIDED FOR. — PRO- 
GRESS OF THE STATE IN POPULATION. — AGRICULTURAL 
PRODUCTS, LIVE STOCK, AGGREGATE WEALTH, ETC. 

1. Under the amended Constitution the Supreme Court 
was re-organized with five Justices instead of three, and the 
Legislature directed that its sessions should be held alter- 
nately at Austin, Galveston, and Tyler. 

2. At the second session of the fourteenth Legislature, in 
March, 1875, provision was made for calling a Constitutional 
Convention. The convention met on the 6th of September. 
At a general election held February 15, 1876, the new Con- 
stitution was adopted, and Mr. Coke was re-elected Governor 
for a term of two years. His second inauguration took 
place April 22d, 1876. 

3. A few figures will serve to illustrate the progress of the 
State during this period. The exact population in 1846 
is unknown. In 1847 there were reported 100,508 whites, 
and 35,073 slaves. In 1870 the United States census gives 
the population of Texas at 567,700 whites, and 253,475 
colored. The present population is largely over a million. 
In 1846 the corn crop was about 3,000,000 bushels; in 1874 

Section XIV.— 1 . Who was the fourteenth governor of Texas ? Richard 
Coke, 

2. When did the Constitutional Convention meet, and who was elected gov- 
ernor under the new Constitution? When was he inaugurated ? 

3. What will illustrate the progress of the State? What was the population of 
Texas in 1847? In 1870? Com crop of 1846 ? Of 1874? Cotton crop of 1846 ? Of 
1874? Number of liorsea and mules in 1846 ? In 1873? Number of cattle in 1846 f 
In 1873 ? Assessed value of property in 1846 ? In 1873 ? 



170 PBOGRESS—BAILROADS. 

30,000,000. In 1846 about 80,000 bales of cotton were pro- 
duced; in 1874 the crop was near 500,000 bales. In 1846 
there were 35,648 horses and mules; the Comptroller's re- 
port for 1873 placed the number at 718,247, valued at $21,- 
605,546. In 1 846 the number of cattle was 382,783 ; in 1£ 73 
over 3,000,000, valued at $14,361,518. In 1846 the assessed 
value of all property in the State amounted to $34,391,175 ; 
in 1864 the amount reached $358,101,886 (including 
200,000 slaves, valued at $100,000,000). As a result of the 
war, in 1866 the assessed value of property had fallen to 
$122,749,123 ; but, in 1873, the aggj-egate amount assessed 
was $241,841,860. In 1846 there were thirty-six organized 
counties. There are now one hundred and forty-seven 
organized, and twenty-seven unorganized, counties. 

4. The Buffalo Bayou, Brazos and Colorado railway was 
commenced at Harrisburg in 1852, and completed to Eich- 
mond in 1855. The Houston and Texas Central was com- 
menced in 1853. 

5. On the 1st of February, 1860, trains crossed the bridge 
connecting Galveston with the main land, opening up rail- 
way communication between Houston and Galveston. In 
1859 the Texas Pacific was built from Shreveport, Louisiana, 
to Marshall, Texas, and the next year a road was opened 
from Lavaca to Victoria. The Texas and New Orleans road 
was commenced at Houston in 1859, and completed to 
Orange, one hundred and eight miles, in 1861. The two 
roads last mentioned suspended after the war. 

6. At the close of the civil war the following roads were in 
operation : Galveston, Houston and Henderson, fifty miles ; 

4, When was the B. B. B. and C. Hallway commenced ; TheH. and T. Central ? 

6« When did trains lirst cross the Galveston bridge ? 

6. How many miles of railway were in operation at the close of the war? When 
wa^^ th« International chartered? What controversy arose between this company 
and the State? 



EXTENSION OF RAILROADS. 171 

the Buffalo Bayou, Brazos and Colorado, from Harrisburg 
to Alley ton, eighty miles; the Houston and Texas Central, 
from Houston to Millican, eighty miles ; the western branch, 
from Hempstead to Breiiham, twenty-two miles; and the 
Southern Pacific, from Shreveporfc to Marshall, forty-one 
miles — in all, two hundred and seventy-two miles. In 1870 
the Legislature chartered the International Company to 
construct a road diagonally across the State from Ked River 
to the Eio Grande. To this company the State agreed to 
issue bonds at the rate of $10,000 per mile. The road was 
commenced at Hearne, and, when fifty miles were com- 
pleted, the Governor signed the bonds for $500,000 due the 
company. To these bonds the Comptroller refused his sig- 
nature. Suit was brought, and, in 1874, the Supreme Court 
decided that it had no jurisdiction in the case. 

7. In March, 1875, the Legislature passed a bill substitut- 
ing twenty sections of land per mile instead of the bonds, 
and exempting the land and the property of the comjiany 
from taxation for twenty-five years. This compromise was 
acc(^pted by the company. Pending this controversy the 
road had been extended, in 1873, to Longview, one hundred 
and seventy-two miles ; the Tyler branch, built from Troupe 
to Mineola, forty-four miles ; and the road extended across 
the Brazos, from Hearne to Rockdale, thirty miles. 

8. In 1871 the Houston and Texas Central extended ita 
western branch to Austin, and completed the Waco Tap 
road; and, in 1873, its main trunk line formed a junction 
with the Missouri, Kansas and Texas road, at Red river, 
opening railroad communication with St. Louis. In August, 
1813, the Texas and Pacific reached Dallas. In January, 
1874, the trans-continental branch of this road was opened 

7. How was this settled ? 

8. When did the railroad reach Austin ? When was communication opened witfc 
St. Louis? 



172 OTHER INTERNAL IMPROVEMENTS. 

from Marshall to Texarkana, forming a junction with the 
Cairo and Fulton road. A section of this road was also built 
from Sherman to BrooksLon. 

9. The Houston and Great Northern Eoad was commenced 
at Houston in 1871, and completed the next year to Pales- 
tine, with a short branch to Huntsville. In 1874 it waa 
extended from Houston southwest to Columbia. 

10. In 18?3 the road from Columbus westward, under the 
name of the Galveston, Harrisburg and San Antonio Road, 
was built to Shulenberg, and in 1875 to Kingsbury. 

11. The Gulf, West Texas and Pacific Road, was built 
from Indianola to Victoria in 1872, and to Cuero in 1873. 

12. The Rio Grande Railway was built from Point Isabel 
to Brownsville in 1873. During the year 1873 four hundred 
and eighty-five miles of railroad were built in Texas. AVe 
now have in operation iu our State (1876) about sixteen 
hundred miles of railway. 

13. A telegraph line was opened between Galveston and 
Houston, January 24, 1860. The wires were gradually ex- 
tended, and now all the principal cities are connected by 
telegraph. In March, 1875, Congress appropriated $88,000 
for a telegraph line along the frontier, connecting all the 
military posts. This line was completed in 1876. 

14. In 1854 a canal was opened connecting Galveston Bay 
with the Brazos river ; and the same year an outlet was 
opened for Old Caney Creek into Matagorda Bay. In 1856, 
the Legislature made liberal appropriations for the impi'ove- 

9» Give the commencement and progress of tlie H. and G. N. road. 
10» Progress of the road from Columbus westward. 

11. When was the road built from Indianola to Cuero ? 

12. What points are connected by the Rio Grande road ? 

13. When was telegraphic communication opened between Galveston and 
Houston ? 

1 4. When was Galveston bay connected with the Brazos river ? What approprl 
fttions were made in 1856 ? When was the ship channel opened to Corpus Ctrieii f 



GENERAL CONDITION OF TEXAS IN 1876. 173 

meiu of Texas rivers and bays. Individuals and counties 
added to these sums ; but the succeeding dry years rendered 
most of our rivers unfit for navigation. In 1874 a ship 
channel was opened from Aransas Pass to Coi-pus Christi. 

15. In 1869-70 the Houston Ship Channel Company com- 
menced work at Morgan's Point and at Eed-fish bar. In 
1874 this work was transferred to Charles Morgan, who 
agreed to open a channel nine feet deep to the neighborhood 
of Houston ; Congress, in 1874, and again, 1875, appropri- 
ated small sums for the improvement of Eed-fish bar and 
Galveston bay and harbor. 

1 6. Texas enjoys internal peace and prosperity, society is 
improving, schools and churches are multiplying, and a 
ceaseless and swelling tide of immigration is flowing in upon 
us. 'J'he future is hopeful. With the rapid increase of 
population and wealth, and tlie development of onr agricul- 
tural and mineral resources, may we not hope to see Texas 
rise to the first rank among the States of the American 
Union ? 

15* When was work commenced at Morgan's point ? 

10a What is vAld of the condition of Texas, and its promise for the fattm* 



174 CHRONOLOGICAL REVIEW QUESTIONS. 



CHEONOLOGICAL EEVIEW QUESTIOJ^S. 

FIFTH PERIOD. 

When was Henderson inaugurated governor ? February 16, 1846. 

When was Wood inaugurated ? December 21, 1847. 

When, Bell ? December 21, 1849, 

When did Texas sell Santa Fe ? In 1850. 

At what price ? $10,000,000 : but the United States finally paid $12,750,000, llqql« 
dating the entire debt of Texas. 

When was Pease inaugurated ? December 21, 1853. 

When, Runnels ? December 21, 1857. 

When, Sam Houston ? December 21, 1859. 

Date of ordinance of secession ? February 1, 1861. 

When did Clark become governor? March 16, 1861. 

When, Lubbock ? November 7, 1861. 

Date of battle of Galveston. January 1, 1863. 

Date of battle of Sabine Pass. September 8, 1863. 

Date of Hurrah's inauguration. November 5, 1863. 

When did the Confederate soldiers in Texas disband ? May 23, 188J. 

When did Hamilton become governor ? July 25, 1865. Throckmorton? Aiisaf 
J3, 1866. 

When was Throckmorton removed ? July 30, 1867. 

Who was then appointed governor? E. M. Pease. 

When did Davis become governor? January 18, 1870. 

Date of Coke's inauguration ? January 13, 1874. 



CHANGES IN STATE CONSTITUTION. 175 



PERIOD VI. 

TEN YEARS' PROGRESS. 
Fkom 1876 TO 1885. 



SECTION I. 

CHANGES 11^ STATE CO^-STITUTIOK. — SUCCESSION^ OF GOVERN"- 
ORS. — STATE LEGISLATURES. 

1. The close of the great Civil War left the civil institu- 
tions and administration of the State government in an un- 
settled and unsatisfactory condition. The Government was 
partly civil and partly military. During the ten years from 
1866 to 1875, no less than three conventions were held for 
modifying our State Constitution. 

2. The changes introduced into our fundamental law by 
the Constitution of 1869 were material and radical. The 
great bulk of the tax-paying voters of the State were dis- 
franchised because of their participation in the war between 
the States, and had no voice in the formation of that Consti- 
tution. It declared secession a heresy, and gave the Gov- 
ernor power to declare martial law in any county of the 
State, and suspend the writ of Habeas Corpus. It also pro- 
vided that the Judges of the Supreme and District Courts 

Section I.— 1. In what condition was the State Government after the close of 
the war ? In ten years* how many Constitutional conventions were held ? 

2. Did these conventions materially change our fundamental laws ? Mention some 
of the features of the Constitution of 1869-of the Constitution of 1875. 



176 SUCCESSION OF GOVERNORS. 

should be appointed by the Governor. The constitution of 
1875 withdrew these extraordinary powers from the Gov- 
ernor ; declared that the judges of the Supreme and Dis- 
trict Courts should be elected by the people ; limited the 
privileges of corporations, and protected the public domain 
and lands belonging to public schools. 

S. Judges of the Supreme Court and of the Court of Ap- 
peals hold office six years. Senators and Judges of District 
Courts four years. The Governor, members of the House 
of Representatives, and all other State and county officers 
hold office two years. 

4. Richard Coke was the second time inaugurated Gov- 
ernor, April 22, 1876. Soon after his inauguration he was 
elected to the United States Senate, and on the first of De- 
cember following, he resigned the executive office, and the 
Lieutenant-Governor, Richard B. Hubbard, became Gov- 
ernor. Mr. Hubbard was the fourteenth Governor, since the 
annexation of Texas, and he held office during the years 
1877 and 1878. 

5. Oran M. Roberts was the fifteenth Governor, and held 
office during two teims, including the years 1879, 1880, 
1881, and 1882. His first inauguration took place January 
21, 1879. 

6. The sixteenth Governor was John Ireland, inaugurated 
January 17, 1883 ; and inaugurated the second time Janu- 
ary 19, 1885. His official term included the years 1883, 
1884, 1885 and 1886. 



3. For what length of time is the Governor elected? Senators? Justices of the 
Supreme Court ? Other judges? Other officers ? 

4r. Wh}"^ did Colie resign the office of Governor ? Who was the fourteenth Gov- 
ernor ? When was he inaugurated ? 

5. Who was the fifteenth Governor? When was he inaugurated? How many 
terms did he fill the office? 

6. Who was the sixteenth Governor ? W^hen inaugurated ? How many terms did 
he fill the office ? 



ST A TE LEGISLA TUBES. 1 77 

7. The leading historical incidents will be considered in 
the following pages ; these events will be presented under 
topical heads. 

8. The State Legislature is composed of two Houses, and 
holds biennial sessions ; but may be called together in extra 
session, whenever the Governor thinks it necessary. In ex- 
tra sessions it can only consider such topics as the Governor 
recommends. The Senate is composed of thirty-one Sena- 
tors, and can never have a greater number. The present 
House of Representatives has one hundred and six members, 
and without a change in the organic law can never exceed 
one hundred and fifty. 

9. The XVth Legislature : 1876-78. When Hubbard be- 
came Governor, Wells Thompson was elected President of 
the Senate, and thus became Lieutenant-Governor. Thomas 
R. Bonner was Speaker of the House of Representatives. 

10. XVIth Legislature : 1879-1880. Joseph D. Sayers 
was Lieutenant-Governor and President of the Senate ; John 
H. Cochran Speaker of the House of Representatives. This 
Legislature provided for a high court, denominated " Com- 
missioners of Appeals," and adopted a new civil code, penal 
code, and code of criminal procedure, prepared by a ])yq- 
viously appointed commission of learned lawyers. 

11. XVnth Legislature : 1881—1882. Leonidas J. Story, 
Lieutenant-Governor and President of the Senate ; George 



7. How will the leading events of the ten years' progress be presented ? 

8 . Wliat two bodies constitute the State Legislature ? Of how many members is the 
Senate composed ? Tlie House ? 

9. Who was President of the Senate during the XVth Legislature ? Who Speaker 
of the House ? 

10. Who was Lieutenant-Governor and President of the Senate of the XVIth 
Legislature ? Speaker of the House ? What was one of the principal acts of the 
XVIth Legislature ? 

11. Who were the officers of the XYIIth Legislature ? During what years? 



178 STATE DEBT. 



E. Reeves, Speaker of the House. An extra session was 
held, commencing April 0, 1882. 

12. XVIIIth Legislature : 1883—1884. Marion Martin, 
Lieutenant-Governor and President of the Senate ; 0. R. 
Gibson, Speaker of the House ; convened in extra session, 
January 8, 1884. 

13. XlXth Legislature : 1885—1886. Met in regular 
session, January 13, 1885; Barnett Gibbs, Lieutenant-Gov- 
ernor, President of the Senate ; L. L. Foster, Speaker of 
the House. 



SECTION n. 

STATE DEBT. — STATE FINANCES. 

1. When Coke was inaugurated Governor in 1874, the 
debt of the State, for wbich bonds had been issued, amounted 
to $3,425,328. Other claims were presented and new 
obligations incurred, so that in 1875 the bonded debt was 
^5,551,337. In 1876 it amounted to 16,067,836. 

2. When Hubbard became Governor, in 1877, the debt was 
$6,116,634. The next year, 1878, it was reduced to 15,121,- 
911. 

3. When Roberts was inaugurated the debt was 15,014,- 
620. In 1881 it was reduced to $4,755,620 ; in 1882, to 
$4,487,030. 

4. When Ireland was inaugurated, in 1883, the debt was 

13. Who was President of the Senate during the XVIIIth Legislatui-e ? Speaker 
of the House ? 

13. When did the XlXth Legislature meet? Who was Lieutenant-Governor? 
Who Speaker of the House ? 

Section II.— 1. What was the amount of the honded debt of tlie State when 
Coke hecanie Governor ? 

8. How much under Iluhhard's administration ? 

3. How much under Rol)erts' ? 

4. How much under Ireland's? What was the public debt on August 31, 1884 ? 



ST A TE FINANCES. 179 

$4,119,898. On August 31, 1884, the whole debt amounted 
to ouly $4,119,899. 

5. The condition of the finances of the State, as pre- 
sented in the figures representing the State debt, excited 
the profound solicitude of Governor Coke and his successors. 
In his message to the XVth Legislature, Governor Coke 
recommends various measures : 1. The refunding of the 
State debt at a lower rate of interest ; 2. A revision of the 
tax-laws so as to include in assessments a vast amount of 
property which had heretofore escaped taxation. 

6. These measures were carried forward during Hub- 
bard's administration, so that there was a manifest improve- 
ment in the State finances, and the State was no longer 
compelled to sell bonds to pay current expenses. 

7. When Governor Roberts was inaugurated, he distinctly 
announced that his policy would be to "pay as you go," and 
to reduce the expenses of the Government so that the in- 
come from taxation- should cover them. The Legislature 
again appropriated one-fourth of the general revenue for 
the support of public free schools, and he, on the 23d of 
April, 1(S79, vetoed certain items in the appropriation bill. 

8. The items thus vetoed were : 1. that making an appro- 
priation for the support of the public free schools ; 2. that 
setting apart a sum to pay the interest on the public debt ; 
3. the amount appropriated for a sinking fund. 

9. At the extra session of the Legislature in June, 1881, 
a bill was passed reducing the proportion of the revenue ap- 
propriated to free schools from one-fourth to one-sixth ; pro- 

5. What was the financial condition ? What measures did the Governor recom- 
mend ? 

6. W^hen were tliese measures carried into effect? 

7 . W^ho introduced the pay-as-you-go policy ? 

8. What items did Governor Roberts veto in the appropriation hill ? 

9. What measures did the Legislature adopt to reduce expenses ? 



180 'S^^^ TE FIJVA NCES. 



vision was made for paying the interest on the public debt, 
and reducing expenses in almost every branch of the public 
service. 

10. Taxable values increased rapidly ; the country con- 
tinued in every respect to grow in prosperity ; under Coke's 
administration the tax-laws were revised and so improved 
that little property escaped taxation, and there was a hand- 
some increase in the revenues. Ail State bonds bearinar a 
high rate of interest were called in, and bonds of a lower 
rate substituted ; and at the close of Governor Eoberts' term, 
aside from the bonded debt, all legitimate expenses of the 
Government had been met, and a considerable suri^lus was 
left in the treasury. 

11. The state of the treasury warranting sucli expenditure. 
Governor Roberts, in his Message, January, 11, 1881, recom- 
mended an enlargement and improvement of the State asy- 
lums, especially that for the lunatics. Liberal approi3riations 
were accordingly made ; and by subsequent legislation the 
tax-laws were modified, and the State-tax reduced from forty 
cents on the one hundred dollars to thirty cents. And by 
the Constitution this reduced county taxes in the same pro- 
portion. 

12. The charitable institutions of the State being 
wholly inadequate for the admission of those who were, un- 
der the law% entitled to be cared for by the State, and many 
lunatics being confined in the county jails, Governor Ireland 
recommended the enlargement of all these institutes, and 
especially the erection of a new asylum for the insane. The 

10. How were the tax laws improved ? What was the condition of the Treasury ? 
What was the condition of the conntr}-^ ? 

1 1 . What did the Governor advise in reference to the State asylums ? What change 
was made in the rate of taxation ? 

13. What did Governor Ireland recommend concerning State Institutions ? W^hat 
did Uie Legislature do ? What effect did this action have on the Treasury surpUis ? 



WEALTH AND POPULA TION. 181 



Legislature carried out this recommendation, and by addi- 
tions to the institutes for the Deaf and Dumb, Blind and 
Insane, and by the erection of a new Asylum for the Insane, 
at Terrill, completely exhausted the surplus revenue in the 
treasury. 

13. During Governor Ireland's first term the tax for gen- 
eral revenue was reduced to 1 7i cents on the hundred dol- 
lars, and the school tax raised to V2^ cents on the hundred 
dollars, thus giving the public schools 5 cents more than for- 
mer tax levies, and at the same time reducing the aggregate 
tax 2i cents on the hundred dollars. 



SECTION III. 

WEALTH AKD POPULATION. — OUR PUBLIC LANDS. — PUBLIC 

FREE SCHOOLS. 

1. In 1874 the aggregate wealth of the State was two 
hundred and forty-four millions five hundred and ten thou- 
sand nine hundred and seventy-nine dollars, and in 1884 it 
was six hundred and three millions sixty thousand nine 
hundred and fifty-seven dollars. 

2. In 1870 the population of the State was eight hundred 
and eighteen thousand five hundred and seventy-nine, and 
in 1880 one million five hundred and ninety-two thousand 
five hundred and seventy-four. 

3. During the period of reconstruction our public domain 
was in a measure withdrawn from the market. Sales were 
made only in small tracts, and to actual settlers. 

13. What is said of taxes lor public schools and the reduction of taxes for general 
revenue purposes ? 
Section III. — 1. What was the aggregate wealth of the State in 1874 ? In 1884 ? 
3. What the population in 1870 ? In 1880 ? 
3. What restrictions were placed upon the sale of land just after the war ? 



182 OUR PUBLIC LANDS. 

4. The XVIIth Legislature so modified these liiws as to 
open nearly the entire public domain to purchasers. The 
frontier being safe from Indian depredations, in an incredi- 
bly short period of time nearly all the vacant land in the State 
was covered by certificates, and passed into the hands of pri- 
vate parties and moneyed corporations. 

5. In the report of the Commissioner of the General Land 
Office, for the year ending August 31, 1884, he showed that 
the State had issued certificates for 6,74:5,7''^3 acres in excess 
of public domain, exclusive of the area of inland bays. 
Many of these certificates are unlocated. 

6. Heretofore the unappropriated public domain, and the 
land set apart for public schools, and for the university and 
State asylums, had afforded free range for stock of every 
description. 

7. But after so large a proportion of the land had passed 
into the possession of private parties and corporations under 
the laws passed by the XVIIth Legislature, those parties 
proceeded to inclose them with wire fences. These pastures 
varied in size from a few thousand to hundreds of thousands 
of acres. 

8. Within these inclosures were thousands of acres of land 
belonging to the public free schools and State institutions, 
from which the State derived no income. 

9. Serious evils resulted from these immense pastures : 
1. In some instances small tracts of land belonging to other 
parties were inclosed, and thus rendered comparatively 
worthless ; 2. Public highways were obstructed ; 3. Out- 

4. What change was made in the law by the XVIIth Legislature ? 

5. What was the effect of this law ? Is tiiere any public land now to dispose of ? 

6 . How had the public domain been used ? 

7. What did the purchasers of large tracts of land do ? 

8. What other lands were inclosed ? 

9. What evils resulted from these large pastures ? 



OUR PUBLIC LANDS. 133 



side herds of cattle, sheep and horses were excluded from 
their usual watering-places. 

10. The XVIIIth Legislature (April, 1883) passed a bill 
creating a Land Board composed of the Governor and other 
heads of departments, with authority, under certain restric- 
tions, to sell or lease the land belonging to the State institu- 
tions and pubhc schools. 

11. These evils flowing out of the Land policy pursued 
by the XVlIth and previous legislatures were not patiently 
borne. Parties who felt themselves aggrieved and wronged 
resorted to violence, and in many instances cut and destroyed 
the pasture fences. 

12. To remedy these evils the Legislature (January, 
1884), called in extra session for the purpose by Gov. Ireland, 
passed laws in accordance with the Governor's recommen- 
dation : 1. Giving redress to private parties wliose lands 
were inclosed without their consent ; 2. Opening and keep- 
ing open public roads ; 3. Compelling the owuers of pastures 
to erect gates every three miles in the line of their fences ; 
4. Making it a felony to cut pasture fences. 

13. The enactment and enforcement of these laws soon 
restored quiet to the country. 

14. The Constitution directed the Legislature ^'To estab- 
lish and make provision for the support and maintenance of 
an efficient system of free public schools." 

15. The Constitution further provided that the permanent 



10 . What is said of the Land Board ? 

1 1 . How did aggrieved parties seek redress ? 

13. What remedies did the Legislature provide ? 1. For private parties ? 2. For 
public roads ? 3. For passways through the pastures ? 4. For protecting the past- 
ures ? 

1 3 . What -was, the effect of these laws ? 

14-. What is the duty of the Legislature in reference to free schools ? 

15. How was the school fund o be invested ? 



184 PUBLIC FREE SCHOOLS. 

school fund should be invested in bonds of the State or of 
the United States, and that the money derived from the 
sale of school lands should be set aside for a permanent 
fund, and invested in a similar manner. 

16. As these bonds yielded a very low rate of interest, and 
as there v^^as a large amount of the school money lying un- 
productive in the treasury, in 1883 an amendment was made 
to the Constitution, on the recommendation of Governor 
Ireland, authorizing the investment of this money in county 
bonds. 

17. In one month after the adoption of this amendment, 
1710,529 had been withdrawn from the treasury, and inter- 
est-bearing county bonds substituted in its place. As money 
belonging to the school fund comes in, other bonds are 
bought. 

18. Besides the permanent fund thus invested, there has 
been set apart for school purposes 32,716,101 acres of public 
land. Of this amount there had been sold, in 1884, 3,037,- 
804 acres, and leased about 2,000,000 acres. The money 
derived from the lease of these lands becomes a part of the 
available school fund. 

19. Other funds for the support of schools are derived 
from : 1. An annual poll tax ; 2. One-fourth of the occu- 
pation taxes ; 3. A general tax on values ; 4. Special taxes 
voted by the property holders of school districts and cities. 

20. The general school system is administered by the 

16 . How may it now bo invested ? 

17. Wore the counties willing to sell their bonds? 

1 8. How much land has been set apart for our public free schools ? How much of 
this has been sold ? How much leased ? 

19. From what other sources is the school fund derived ? 

30. To whom is the administration of our State system of public schools commit- 
ted ? Who manage the schools in counties ? In cities ? By what Lei:islatiire was the 
office of Superintendent created V On whose recommendation '{ Who was the first 
Superintendent 'i 



STATE INSTITUTIONS OF LEARNING. 185 

Superintendent of Public Instruction, from whose decisions 
appeals lie to the State Board of Education. In the counties, 
the County Judge, and in cities, the Maj^or and Aldermen, 
or Boards of Trustees elected by the people, are the chief 
school officers. The office of Superintendent was created by 
the XVIIIth Legislature, on the recommendation of B. 
M. Baker, who was at that time Secretary of the Board of 
Education. Governor Ireland appointed Mr. Baker Super- 
intendent in May, 1884. In November, 1884, he was 
elected to the same office by the people for a term of two 

years. 

^ 

SECTION IV. 

STATE II^^STITUTIONS OF LEARKIN^G. — CHARITABLE IN^STI- 
TUTIONS. — PEI^ITEi^TIARIES. 

1. Agricultural and Mechanical College. This institu- 
tion, near Bryan, was the first put in operation under the 
control of the State. It owes its existence to a donation 
from the United States Congress of 180,000 acres of land 
scrip, which was sold in 1871 for $156,000. 

2. The State procured a tract of 2,200 acres of land, and 
appropriated money for the erection of suitable buildings. 
The Constitution makes this college a bi'anch of the State 
University. 

3. The second institution inaugurated under the auspices 
of the State was the Sam Houston Normal Institute, at 
Huntsville. Here a certain number of students, selected 
from different parts of the State, receive gratuitous instruc- 

Sectioii IV.— 1 . To what does the Agricultural and Mechanical College owe its 
origin ? VVhere is it located ? 
>i. Of what is it a branch ? 
3. What is the ohject of the Sam Houston Normal Institute ? 



186 CHARITABLE INSTITUTIONS. 

tion, to prepare themselves for teaching. A limited num- 
ber also have their board paid by the State. This Institute 
has heretofore received from the Peabody fund $G,000 an- 
nually. 

4. The Prairie View Normal School, near Hempstead, is 
a similar institution, supported by the State to educate 
colored teachers for colored schools. A limited number of 
colored pupils have their board paid by the State at this In- 
stitute. 

5. There are also Summer Normal Institutes held for 
the instruction of teachers, in different parts of the State. 
These are supported altogether by the State. 

6. The Constitution required the Legislature, as soon as 
practicable, to establish and provide for the maintenance of 
a State University for the jjromotion of literature and the 
arts and sciences. 

7. The bill for the establishment of this University passed 
tlie Legislature in March, 1881, and was approved by Gov- 
ernor Eoberts. At a popular election in September following, 
the Literary and Law Departments were located at Austin, 
and the Medical Department at Galveston. 

8. A beautiful design for University Buildings having 
been selected, in the years 1882 and 1883 the west wing was 
erected on a hill long known as College Hill, in the north- 
ern part of the city of Austin. The faculty was appointed by 
the board of Eegents, and the University opened for the re- 
ception of students, September 15, 1883. 



4. Of the Prairie View school ? 

5. How are the summer normal institutes supported? 

C. What duty did the Constitution impose on the Legislature? 

7. When was the law passed for its establishment ? Where were the literary and 
law departments located ? The medical department ? 

8. When was the institution opened for students ? 



PENITENTIARIES. 187 



9. The State has four charitable institutions under its 
supervision and support. 

10. Two of these are for persons of unsound mind ; one, 
beautifully located, supplied with buildings admirably 
adapted for the purpose of the Institution, is situated about 
three miles north of the city of Austin. Buildings for a 
second Asylum have been erected at Terrell. Governor 
Ireland especially recommended the establishment of this 
Asylum. 

11. An Asylum for the Deaf and Dumb has been in opera- 
tion for twenty-seven years. It is located on the west side of 
the Colorado Eiver, in full view of the city of Austin. A State 
printing-office has been established in this asylum, of which 
the inmates are the compositors. 

12. The Asylum for the Blind is located in the north-east- 
ern suburbs of Austin. 

In his message to the XlXth Legislature, Governor 
Ireland speaks in terms of highest commendation of the 
management of all these State charities. 

13. During the period under review, the Peniten- 
tiary at Huntsville has. been enlarged to three times its 
former capacity, and further provision made for utilizing the 
labor of the convicts in profitable employments. 

14. A second Penitentiary has been put in operation 
at Rusk, Cherokee County, and buildings erected for various 
manufactories, especially in iron. 

15. In 1883, there were reported over 2,600 convicts 

9. How many charitable institutions has the State? 

10. Wiiat can be ^aid of the lunatic asylums? Where is the new one situated ? 

11. What can be said of the Deaf and Dumb Asylum ? 

1:3. Of the Asylum for the Blind ? Of the management of these State charities ? 

13. W^hat is said of the Huntsville Penitentiary ? 

14. Of that at Rusk? What industries are provided for there ? 

15. How many can be accommodated in the walls of the penitentiaries ? Are the 
penitentiaries now an expense to the State ? 



188 STATE CAPITOL. 



in the State, of whom not more than about sixteen hun- 
dred could be accommodated in the two institutions. 
During the year 1884, the labor of the convicts paid the 
expenses of the two penitentiaries. The most profitable 
labor was'that of convicts hired outside of the walls. 

16. While there is a constant increase in the number 
convicted of crimes in our courts, and sentenced to the 
penitentiaries, the percentage of crime to population is 
on the decrease, and not greater than that of other States 
and countries. 



SECTION V. 



STATE CAPITOL. — RAILROADS. — COKCLUSION. 

1. The State-house, erected in 1852 at the head of Con- 
gress Avenue, was destroyed by fire on the 6th of November, 
1881. 

2. In 1882 a building was erected on Congress Avenue to 
be used as a temporary capitol. 

3. But previous to this, in 1875", the Constitutional Con- 
vention had set apart 3,000,000 acres of public land for the 
erection of a new capitol. 

4. Work was commenced upon the foundation in 1883, 
and had progressed so far that, on the 2d of March, 1885, 
the corner-stone was laid with im^DOsing ceremonies. 

5. The edifice will be of the best material, with granite 

16. What is said of the number of convictions for crime ? Of the percentage of 
crime to population ? 

Section V.— 1. When was the old State House burned ? 
J8. When a temporary one erected ? 

3. What provision had the Constitution of 1875 made for a new State House ? 

4. When was the corner-stone of the new structure laid ? 

5. Describe the new State House ? 



RAILROADS. 189 



water-table and columns, and, according to the plan, will rise 
three stories above the basement, the dome reaching a height 
of 311 feet ; its greatest length 560 feet ; its width 288. It 
wall contain in all fifty-one rooms, affording accommodation 
for both branches of the Legislature, for the higher courts, 
for executive offices, committee rooms, etc. etc. Two ele- 
vators afford convenient access to the upper stories. 

6. In 1874 there were about fifteen hundred miles of 
railway in operation in Texas, and but one road connecting 
our State with the great North-west. 

7. In 1885, there are over six thousand miles of railway, 
the lines penetrating almost every section of the State, con- 
necting Texas with the Northern, Eastern, and Western 
States. Two roads cross the entire State from east to west, 
leading to California, and three roads point to the city of 
Mexico, crossing the Rio Grande at El Paso, Eagle Pass, 
and Laredo, connecting the most important centers of trade 
and population in the United States with those of our sister 
republic. 

8. A general railroad law fixes the price of passenger fare 
on all roads at three cents per mile. The roads favor im- 
migration by carrying immigrants at about one cent ^^er 
mile. 

9. Co:n^clusiok. — (1.) During the period under review, 
the wealth and population of the State have more than 
doubled. 



6 . How many miles of railways in Texas in 1874 ? 

7. How many ruacls in 1885 ? How many forming Eastern and Northern connec- 
tions ? How many with the Pacific Coa^t ? How many roads cross the Rio Grande ? 

8. What is the price of railway fare per mile ? What the general fare for intro- 
ducing immigrants ? 

9. What is said (1) Of the increase in wealth and population? (2) Of the im^ 
provement in the educational system ? (3) Of our live stock and agricultural prod- 
ucts? (4) Of our State asylums ? (5) Of our increased railway facilities ? (6) In 
general of the improvement in our State? 



190 CONCLUSION. 



(2.) A State University and State Normal schools haye 
been established, and our free school system greatly improved. 

(3.) Our live stock and agricultural products have in- 
creased more than a hundred-fold. 

(4.) Our asylums have been enlarged and improved. 

(5.) Our railway facilities have been increased more than 
four fold, connecting Texas with all parts of the United 
States, and a large portion of Mexico. 

(6.) In general, there is great improvement in all the 
institutions of civil society, and in the administration of the 
laws. 



CONSTITUTION 



or THB 



STATE OF TEXAS. 



ADOPTED BY THE CONSTITUTIONAL CONVENTION CONVENED At 

AUSTIN, SEPTEMBEK 6, 1875, AND KATIFIED BY THE PEOPLE, 

FEBRUARY 15, 1876. 



PREAMBLE. 

Humbly invoking the bleesing of Almighty God, the people of the State 
of Texas do ordain and establish this Constitution. 

ARTICLE L 

BILL OF RIGHTS. 

That the general, great, and essential piineiples of liberty and free gov- 
ernment may be recognized and established, we declare : 

Section 1, Texas is a free and independent State, subject only to the 
Constitution of the United States; and the maintenance of our free insti- 
tutio7i3 and the perpetuity of the Union depend upon the preservation of 
the right of local self-government unimpaired to all the States. 

Sec. 2. All political power is inherent in the people, and all free govern- 
ments are founded on their authority, and Instituted for their benefit. 
Thn faith of tlie people of Texas stands pledged to the preservation of a 
republican form of government, and, subject to this limitation only, they 
havc at all times the inalienable right to alter, reform, or abolish their gov- 
ernment in such manner as they may think expedient. 

Sec. 3. All free men, when they form a social compact, have equal rights, 
and no man, or set of men, is entitled to exclusive separate public emolu- 
ments, or privileges, but in consideration of public services. 



192 CONSTITUTION OF THE 

Sec. 4. No religious test shall ever be required as a qualification to any 
office, or public trust, in this State ; nor shall any one be excluded from 
holding office on account of his religious seutimcuts, provided he acknowl- 
edge the existence of a Supreme Being. 

Sec. 5. No person shall be disqualified to give evidence in any of the 
courts of this State on account of his religious opinions, or for the want of 
any religious belief, but all oaths or affirmations shall be administered in 
the mode most binding upon the conscience, and shall be taken subject to 
the pains and penalties of perjury. 

Sec. 6. All men have a natural and indefeasible right to worship Almighty 
God according to the dictates of their own consciences. No man shall be 
compelled to attend, erect, or support any place of worship, or to maintain 
any ministry, against his consent. No human authority ought, in any case 
whatever, to control or interfere with the rights of conscience in matters 
of religion, and no preference shall ever be given by law to any religious 
society or mode of worship. But it sball be the duty of the Legislature to 
pass such laws as may be necessary to protect equally every religious 
denomination in the peaceable enjoyment of its own mode of public wor* 
ship. 

Sec. 7. No money shall be appropriated or drawn from the treasury for 
the benefit of any sect, or religious society, theological or religious semi- 
nary ; nor shall property belonging to the State be appropriated for any such 
purposes. 

Sec. 8. Every person shall be at liberty to speak, wi-ite, or publish his 
opinions on any subject, being responsible for the abuse of that privilege; 
and no law shall ever be passed curtailing the liberty of speech or of the 
press. In prosecutions for tlie publication of papers investigating the con- 
duct of officers or men in public capacity, or when the matter published is 
proper for public information, the truth thereof may be given in evidence. 
And in all indictments for libels the jury shall have the right to determine 
the law and the facts, under the direction of the court, as in other cases. 

Sec. 9. The people shall be secure, in their persons, houses, papers, and 
possessions, from all unreasonable seizures or searches, and no warrant to 
eearch any place, or to seize any person or thing, shall issue witliout 
describing them as near as may be, nor without probable cause, supported 
by oath or affirmation. 

Sec. 10. In all criminal prosecutions, the accused shall have a speeJy 
public trial by an impartial jury. He shall have the right to demand the 
nature and cause of the accusation agamst him, and to have a copy thereof. 
He shall not be compelled to give evidence against himself. He shall have 
the right of being heard by himself or counsel, or both ; shall be confronted 



STATE OF TEXAS. 193 

\/ith the witnesses against him, and shall have compulsory process for 
obtaining witnesses in his favor. And no person shall be held to answer 
for a criminal offence, unless on indictment of a Grand Jury, except in 
cases in which the punishment is by fine or imprisonment otherwise than in 
the penitentiary, in cases of impeachment, and in cases arising in the army 
or navy, or in the militia, when in actual service in time of war or public 
danger. 

Src. 11. All prisoners shall be bailable by sufficient sureties, unless for 
capital offences, when the proof is evident ; but this provision shall not be 
60 construed as to prevent bail after indictment found, upon examination 
of the evidence in such manner as may be prescribed by law. 

Sec. 12. The writ of habeas corpus is a writ of right, and shall never be 
suspended. The Legislature shall enact laws to render the remedy speedy 
and effectual. 

Sec. 13. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel or unusual punishment inflicted. All courts shall be open, and 
every person, for an injury done him in his lands, goods, person, or reputa- 
tion shall have remedy by due course of law. 

Sec. 14. No person, for the same offence, shall be twice put in jeopardy 
of life or liberty ; nor shall a person be a^ain put upon trial for the same 
offence after a verdict of not guilty in a court of competent jurisdiction. 

Sec. 15. The right of trial by jury shall remain inviolate. The Legisla- 
ture shall pass such laws as may be needed to regulate the same, and to 
maintain its purity and efficiency. 

Sec. 16. No bill of attainder, ex post facto law, retroactive law, or any law 
impairing the obligation of contracts, shall be made. 

Sec. 17. No person's property shall be taken, damaged, or destroyed for 
or applied to public use without adequate compensation being made, unless 
by the consent of such person ; and, when taken, except for tlie use of the 
titate, such compensation shall be first made, or secured by a deposit of 
money ; and no irrevocable or uncontrollable grant of special privileges or 
Immunities shall be made ; but all privileges and franchises granted by the 
Legislature, or created under its authority, shall be subject to the control 
thereof. 

Sec. 18. No person shall ever be imprisoned for debt. 

Sec. 19. No citizen of this State shall be deprived of life, liberty, prop- 
erty, privileges, or immunities, or in any manner disfrancliised, except by 
the due course of the law of the land. 



194 CONSTITUTION OF TEE 

Sec. 20. No person shall be outlawed ; nor shall any person be tran» 
ported out of the State for any offence committed within the same. 

Sec. 21. No conviction shall work corruption of blood, or forfeiture oi 
estate ; and the estates of those who destroy their own lives shall descend 
or vest as in case of natural death. 

Sec. 22, Treason against the State shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort ; and no 
person shall be convicted of treason except on the testimony of two -syit- 
nesses to the same overt act, or on confession in open court. 

Sec. 23. Every citizen shall have the right to keep and bear arms in the 
lawful defence of himself or the State ; but the Legislature shall have 
power by law to regulate the wearing of arms, with a view to prevent 
crime. 

Sec. 24. The military shall at all times be subordinate to the civil au- 
thority. 

Sec. 25. No soldier shall in time of peace be quartered in the house of 
any citizen without the consent of the owner, nor in time of war but in a 
manner prescribed by law. 

Sec. 36. Perpetuities and monopolies are contrary to the genius of a free 
government, and shall never be allowed ; nor shall the law of primogeniture 
or entailments ever be in force in this State. 

Sec. 27. The citizens shall have the right, in a peaceable manner, to 
assemble together for their common good, and apply to those invested with 
the power of government for redress of grievances or other purposes, by 
petition, address, or remonstrance. 

Sec. 28. No power of suspending laws in this State shall be exercised 
except by the Legislature. 

Sec. 29. To guard against transgressions of the high powers herein dele- 
gated, we declare that everything in this '* Bill of Rights " is excepted out 
of the general powers of government, and shall forever remain inviolate, 
and all laws contrary thereto, or to the following provisions, shall be void. 

ARTICLE IL 

THE POWERS OP GOVERNMENT. 

Section 1. The powers of the goveniment of the State of Texas shall be 
divided into three distinct departments, each of which shall be confided to 
a separate body of magistracy, to wit : Those which are legislative to one, 
those which are executive to another, and tliose which ar» ■'"4icial to an- 



STATE OF TEXAS. 195 

other ; and no person, or collection of persons, being of one of these 
departments, shall exercise any power properly attached to either of the 
others, except in the instances herein expressly permitted. 

ARTICLE III. 

LEGISLATIVE DEPAKTMENT. 

Sec! riON 1. The legislative power of this State shall be vested in a Senate 
and House of Representatives, which together shall be styled " The Legis- 
lature of the State of Texas." 

Sec. 2. The Senate shall consist of thirty-one members, and shall never 
be increased above this number. The House of Representatives shall con- 
sist of ninety-three members until the first apportionment after the adop- 
tion of tills Constitution, when, or at any apportionment thereafter, the 
number of Representatives may be increased by the Legislature, upon the 
ratio of not more than one Representative for every fifteen thousand inhab- 
itants ; provided^ the number of Representatives shall never exceed one 
hundred and Miy. 

Sec. 3. The Senators shall be chosen by the qualified electors for the 
term of four years ; but a new Senate shall be chosen after every apportion- 
ment, and the Senators elected after each apportionment shall be divitled 
by lot into two classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the first two years, and those of the second 
class at the expiration of four years, so that one-half of the Senators shall 
be chosen biennially thereafter. 

Sec. 4. The members of the House of Representatives shall be chosen by 
the qualified electors, and their term of office shall be two years from tho 
day of their election. 

Sec. 5. The Legislature shall meet every two years, at such time as may 
be provided by law, and at other times, when convened by the Governor. 

Sec. 6. No person shall be a Senator, unless he be a citizer of the United 
States, and at the time of his election a qualified elector of .t.g State, and 
shall have been a resident of this State five years next preceding his elec- 
tion, and the last year thereof a resident of the district for which hesLall be 
chosen, and shall have attained the age of twenty-six years. 

Sec. 7. No person shall be a Representative, unless he be a citizen of the 
United States, and at the time of his election a qualified elector of this 
State, and shall have been a resident of this State two yeais next preceding 
his election, the last year thereof a resident of the district for whicli he 
Bhall be chosen, and shall liave attained the age of twenty-one years 



lOG CONSTITUTION OF THE 

Sec. 8. Each House shall be the judge of the qualifications and election 
of its own members ; but contested elections shall be determined in such 
manner as shall be provided by law. 

Sec. 9. The Senate shall, at the beginning and close of each session, and 
at such other times as may be necessary, elect one of its members President 
pro tempore^ who shall perform the duties of the Lieutenant-Governor in 
ary case of absence or disability of that officer, and whenever the said office 
of Lieutenant-Governor shall be vacant. The House of Representatives 
shall, when it first assembles, organize temporarily, and thereupon proceed 
to tlie election of a Speaker from its own members ; and each House shall 
choose its other officers. 

Sec. 10. Two-thirds of each House shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn from day to day, and compel the 
attendance of absent members, in such manner and under such penalties 
as eacli House may provide. 

Sec. 11. Each House may determine the rules of its own proceedings, 
punish members for disorderly conduct, and, with the consent of two- 
thirds, expel a member, but not a second time for the same offence. 

Sec. 12. Each House shall keep a journal of its proceedings, and publish 
the same ; and the yeas and nays of the members of either House on any 
question sliall, at the desire of any three luembers present, be entered on 
the journals. 

Sec. IB. When vacancies occur in either House, the Governor, or the 
person exercising tiie power of the Governor, shall issue writs of elcctiou 
to fill such vacancies ; and should the Governor fail to issue a writ of elec- 
tion to fill any such vacancy within twenty days after it occurs, the return- 
ing ofiicer of the district in which such vacancy may have happened shall 
be authorized to order an election for that purpose. 

Sec. 14. Senators and Representatives shall, except in cases of treason, 
felony, or breach of the peace, be privileged from arrest during the session 
of the Legislature, and in going to and returning from the same, allowing 
one day for every twenty miles such member may reside from the place at 
which the Legislature is convened. 

Sec. 15. Each House may punish, by imprisonment, during its sessions, 
any person not a member, for disrespectful or disorderly conduct in its 
presence, or for obstructing any of its proceedings ; provided, such imprison- 
ment shall not, at any one time, exceed forty-eight liours. 

Sec. 16. The sessions of each House shall be open, exneptthe Senate, 
when in executive session. 



STATE OF TEXAS. 197 



Sec. 17. Neither House shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that where the Legis- 
lature may be sitting. 

Sec. 18. No Senator or Representative sliall, during the term for which 
he may be elected, be eligible to any civil office of profit under this State 
which shall have been created or the emoluments of which may have been 
Increased during such term ; no member of either House shall, during tlie 
term for which he is elected, be eligible to any office or place, the appoint- 
ment to which may be made, in whole or in part, by either brancli of the 
Legislature ; and no member of either House shall vote for any other mem- 
ber for any office whatever^wliich may be filled by a vote of the Legisla- 
ture, except in snch cases as are in this Constitution provided. Nor shall 
any member of the Legislature be interested, either directly or indirectly, 
in any contract with the State, or any county thereof, authorized by any 
law passed during the term for which he shall have been elected. 

Sec. 19. No judge of any court. Secretary of State, Attorney-General, 
clerk of any court of record, or any person holding a lucrative office under 
the United States, or this State, or any foreign government, shall, during 
the term for which he is elected or appointed, be eligible to tlie Legislature. 

Sec. 20. No person who at any time may have been a collector of taxes, 
or who may have been otherwise entrusted with public money, shall be 
eligible to the Legislature, or to any office of profit or trust under the State 
government, until he shall have obtained a discharge for the amount of such 
collections, or for all public moneys with which he may have been entrusted. 

Sec. 21. No member shall be questioned in any other place for words 
spoken in debate in either House. 

Sec. 22. A member who has a personal or private interest in any measure 
or bill, proposed, or pending before the Legislature, shall disclose the fact 
to the House of which he is a member, and shall not vote thereon. 

Sec. 23. If any Sena1*or or Representative remove his residence from the 
district or county for which he was elected, his office shall thereby become 
vacant, and the vacancy shall be filled as provided in Section 13 of this Article. 

Sec, 24. The members of the Legislature shall receive from the public 
treasury such compensation for their services as may, from time to time, 
be provided by law, not exceeding five dollars per day for the first sixty days 
of each session; and after that not ( xceeding two dollars per day for the 
remainder of the session; except the first session held under this consti- 
tution, when they may receive not exceeding four dollars per day foj* the 
first ninety days, and after that not exceeding two dollars per day for the 
••emainder of the session. In addition to the per diem the members of each 
Jouse shall be entitled to mileage in going to and returning from the seat 



108 CONSTITUTION OF THE 

of government, which mileage shall not exceed five dollars for every twenty 
five miles, the distance to be computed by the nearest and most direct route 
of travel by land, regardless of railways or water routes ; and the Comptrol- 
ler of the State shall prepare and preserve a table of distances to each 
county seat now or hereafter to be established, and by such table the mile- 
age of each member shall be paid; but no member sliall be entitled to 
uiileige for any extra session that may be called within one day after the 
iijournment of a regular or called session. 

Sec. 25. The State shall be divided into senatorial districts of conti>i'uou9 
territory, according to the number of qualified electors, as nearly as may be, 
and each district shall be entitled to elect onelienator, and no single county 
shall be entitled to more than one Senator. 

Sec. 26. The members of the House of Representatives shall be appor- 
tioned among the several counties, according to the number of population 
in each, as nearly as may be, on a ratio obtained by dividing the population 
of the State, as ascertained by the most recent United States census, by the 
number of members of which the House is composed; provided, that when- 
ever a single county has suflScient population to be entitled to a Represent- 
ative, such county shall be formed into a separate representative district, and 
when two or more counties are required to make up the ratio of represen- 
tation, such counties shall be contiguous to each other ; and when any one 
county has more than sufficient population to be entitled to one or more 
Representatives, such Representative or Representatives shall be appor- 
tioned to such county, and for any surplus of population it may be joined 
in a representative district with anj' other contiguous county or counties. 

Sec. 27. Elections for Senators and Representatives shall be general 
throughout the State, and shall be regulated by law. 

Sec. 28. The Legislature shall, at its first session after the publication of 
each United States decennial census, apportion the State into senatoria 
and representative districts, agreeably to the provisions of Sections 25 and 
26 of this Article ; and until the next decennial census, when the first ap- 
portioi\ment shall be made by the Legislature, the State shallll be and it is 
hereby divided into senatorial and representative districts, as provided by 
an ordinance of the Convention on that subject. 

proceedings. 

Sec. 29, The enacting clause of all laws shall be, ''Be it enacted by the 
Legislature of the State of Texas." 

Sec. 30. No law shall be passed except by bill, and no bill shall be so 
amended in its passage through either House as to change its original pur- 
pose. 



STATE OF TEXAS. 199 

Sec. 31. Bills may originate in either House, and when passed by such 
House, may be amended, altered, or rejected by the other. 

Sec. 32. No bill shall have the force of law until it has been read on three 
several days in each House, and free discussion allow(*d thereon; but iu 
cases of imperative public necessity (which necessity shall be stated in a 
preamble, or in the body of the bill), four-fifths of the House in which the 
bill may be pending may suspend this rule, the yeas and nays being takea 
on the question of suspension, and entered upon the journals. 

Sec. 33. All bills for raising revenue shall originate in the House of Rep- 
resentatives, but the Senate may amend or reject them as other bills. 

Sec. 34. After a bill has been considered and defeated by either House of 
the Legislature, no bill containing the same substance shall be passed into 
a law during the same session. After a resolution has been acted on and 
defeated, no resolution containing the same substance shall be considered 
at the same session. 

Sec. 35. No bill (except general appropriation bills, which may embrace 
the various subjects and accounts for and on account of which moneys are 
appropriated) shall contain more than one subject, which shall be expressed 
in its title. But if any subject shall be embraced in an act which shall not 
be expressed in the title, such act shall bo void only as to so much thereof 
as shall not be so expressed. 

Sec. 36, No law shall be revived or amended by reference to its title ; but 
in such case the act revived or the section or sections amended shall be re- 
cnaetcd and published at length. 

Sec. 37. No bill shall be considered, unless it has been first referred to a 
committee and reported thereon ; and no bill shall be passed which has not 
been presented and referred to and reported from a committee at least 
three days before the final adjournment of the Legislature. 

Sec. 38. The presiding officer of each House shall, in the presence of the 
House over which he presides, sign all bills and joint resolutions passed by 
the Legislature, after their titles have been publicly read before signing; 
and the fact of signing shall be entered on the journals. 

Sec. 39. No law passed by the Legislature, except the general appropria- 
tion act, shall take effect or go into force until ninety days after the ad- 
journment of the session at which it was enacted, unless in case of an 
emergency, which emergency must be expressed in a preamble or in the 
body of the act, the Legislature shall, by a vote of two-thirds of all the 
members elected to each House, otherwise direct ; said vote to bo taken by 
yeas and nays, and entered upon the journals. 



200 CONSTITUTION OF THE 

Sec. 40. When the Legislature shall be convened in special session, tlier? 
Bhall be no legislation upon subjects other than those designated in the 
proclamation of the Governor calling such session, or presented to them by 
the jovernor : and no such session shall be of longer duration than thirty 
days. 

Sec. 41. In all elections by the Senate and House of Representatives, 
jointly or separately, the vote shall be given viva voce, except in the election 
ot their officers. 

REQUIREMENTS AND LIMITATIONS 

Sec. 42. The Legislature shall pass such laws as may be necessary to 
carry into effect the provisions of this Constitution. 

Sec. 43. The first session of the Legislature under this Constitution shall 
provide for revising, digesting, and publishing the laws, civil and criminal; 
and a like revision, digest, and publication may be made every ten years 
thereafter ; provided, that in the adoption of and giving effect to any such 
digest or revision, the Legislature shall not be limited by Sections 35 and 36 
of this Article. 

Sec. 44. Tlie Legislature shall provide by law for the compensation of all 
officers, servants, agents, and public contractors, not provided for in this 
Constitution, but shall not grant extra compensation to any officer, agent, 
servant, or public contractors, after such public service shall have been per- 
formed or contract entered into for the performance of the same; nor grant, 
by appropriation or otherwise, au}'^ amount of money out of the treasury of 
the State, to any individual, on a claim, real or pretended, when the same 
shall not have been provided for by pre-existing law; nor employ any one 
in the name of the State unless authorized by pre-existing law. 

Sec. 45. The power to change the venue in civil and criminal cases shall 
be vested in the courts, to be exercised in such manner as shall be provided 
by law ; and the Legislature shall pass laws for that purpose. 

Sec. 46. The Legislature shall, at its first session after the adoption of 
this Constitution, enact effective vagrant laws. 

Sec. 47. The Legislature shall pass laws prohibiting the establishment 
of lotteries and gift enterprises, in this State, as well as the sale of tickets 
in lotteries, gift enterprises, or other evasions involving the lottery princi- 
ple, established or existing in other States. 

Sec. 48. The Legislature shall not have the right to levy taxes or impose 
burdens upon the people, except to raise revenue sufficient for the econom- 
ical administration of the government, in which may be included the fol- 
lowing purposes : 



STATE OF TEXAS. 201 



The payment of all interest upon the bonded debt of the State ; 

The erection and repairs of public buildinofs ; 

The benefit of the sinking fund, whicli shall not be moi'e than two per 
centum of the public debt; and for the payment of the present floating 
debt of the State, including matured bonds for the payment of which the 
sinking fund is inadequate ; 

The support of public schools, in which shall be included colleges and 
universities established by the State ; and the maintenance and support of 
the Agricultural and Mechanical College of Texas ; 

The payment of the cost of assessing and collecting the revenue ; and 
the payment of all officers, agents, and employees of the State government, 
and all incidental expenses connected therewith ; 

The support of the Blind Asylum, the Deaf and Dumb Asylum, and the 
Insane Asylum, the State Cemetery, and the public grounds of the State ; 

The enforcement of quarantine regulations on the coast of Texas ; 

The protection of the frontier. 

Sec. 49, No debt shall l)e created by or on behalf of the State, except to 
supply casual deficiencies of the revenue, repel invasion, suppress insurrec- 
tion, defend the State in war, or pay existing debt ; and the debt created to 
supply deficiencies in the revenue shall never exceed in the aggregate at 
a.ny one time two hundred thousand dollars. 

Sec. 50. The Legislature shall have no power to give or to lend, or to au- 
thorize the giving or lending, of the credit of the State in aid of, or to any 
person, association, or corporation, whether municipal or other; or to pledge 
the credit of the State in any manner whatsoever, for the payment of the 
liabilities, present or prospective, of any individual, association of individu- 
als, muYki^al or other corporation whatsoever. 

Sec. 51. The Legislature shall have no power to make any grant, or au- 
thorize the making of any grant, of public money to any individual, associ- 
ation of individuals, municipal or other corporation whatsoever ; jjrovidedy 
that this shall not be so construed as to prevent the grant of aid in case of 
public calamity. 

Sec. 52, The Legislature shall have no power to authorize any county, 
city, town, or other political corporation, or subdivision of the State, to 
lend its credit or to grant public money or thing of value, in aid of or to 
any individual, association, or corporation whatsoever; or to become a 
Btockholder in such corporation, association, or company. 

Sec. 53. The Legisla-ture shall have no power to grant, or to authorize 
any county or municipal authority to grant, any extra compensation, fee, or 
allowance to a public officer, agent, servant, or contractor, after service haa 
been rendered, or a contract has been entered into, and performed in whole 



202 CONSTITUTION OF THE 

or in part; nor pay, nor authorize the payment of, any claim created against 
any county or municipality of the State, under any agreement or contract, 
made witliout authority of law. 

Sec. 54. The Legislature shall have no power to release or alienate any 
lien held by the State upon any railroad, or in anywise change the tenor or 
meaning, or pass any act explanatory thereof; but the same shall be on- 
forced in accordance with the original terms upon which it was acquired. 

Sec. 55. The Legislature shall have no power to release or extinguish, 
or to authorize the releasing or extinguishing, in whole or in part, the in- 
debtedness, liability, or obligation of any incorporation or individual to this 
State, or to any county, or other municipal corporation therein. 

Sec. 56. The Legislature shall not, except as otherwise provided in this 
Constitution, pass any local or special law, authorizing : 

The creation, extension, or impairing of liens; 

Regulating the affairs of counties, cities, towns, wards, or school districts; 

Changing the name of persons or places ; changing the venue in civil or 
criminal cases ; 

Authorizing the laying out, opening, altering, or maintaining of roads, 
highways, streets, or alleys; 

Relating to ferries and l)ridges, or incorporating ferry or bridge compa- 
nies, except for the erection of bridges crossing streams which form boun- 
daries between this and any other State ; 

Vacating roads, town plats, streets, or alleys ; 

Relating to cemeteries, graveyards, or public grounds not of the State; 

Authorizing the adoption or legitimation of children ; 

Locating or changing county seats ; 

Incorporating cities, towns, or villages, or changing their charters ; 

For the opening and conducting of elections, or fixing or changing the 
places of voting ; 

Granting divorces ; 

Creating offices, or prescribing the powers and duties of officers, in coun- 
ties, cities, towns, election, or school districts ; 

Changing the law of descent or succession ; 

Regulating the practice or jurisdiction of, or changing the rules of evi- 
dence in any judicial proceeding or enquiry before courts, justices of the 
peace, sheriffs, commissioners, arbitrators, or other tribunals, or providing 
or clianging methods for the collecti(m of debts, or the enforcing of judge- 
ments, or prescribing the effect of judicial sales of real estate ; 

Regulating the fees, or extending the powers and duties of aldermen, 
justices of tlie peace, magistrates, or constables ; 

Regulating the management of public schools, the building or repairing 
of school-houses, and the raising of money for such purposes ; 



STATE OF TEXAS. 203 



Fixing the rate of interest ; 

Affecting the estates of minors, or persons under disability ; 

Remitting fines, penalties, and forfeitures, and refunding moneys legally 
paid into the treasiny ; 

Exempting property from taxation ; 

Regulating labor, trade, mining, and manufacturing; 

Declaring any named person of age ; 

Extending the time for the assessment or collection of taxes, or other 
wise relieving any assessor or collector of taxes from the due performance 
of his official duties, or his securities from liability ; 

Giving effect to informal or invalid wills or deeds; 

Summoning or impanelling grand or petit juries ; 

For limitation of civil or criminal actions ; 

For incorporating niilroads or other work of internal improvements ; 

And in all other cases where a general law can be made applicable, no 
local or special law shall be enacted ; provided, that nothing herein contained 
ehall be construed to prohibit the Legislature from passing special laws for 
the preservation of the game and fish of this State in certain localities. 

Sec. 57. No local or special law shall be passed, unless notice of the in- 
tention to apply therefor shall have been published in the locality where 
the matter or thing to be affected may be situated, which notice shall state 
the substance of the contemplated law, and shall be published at least thirty 
days prior to the introduction into the Legislature of such bill, and in the 
manner to be provided by law. The evidence of such notice having been 
published shall be exhibited in the Legislature before such act shall be 
passed. 

Sec. 58. The Legislature shall hold its sessions at the city of Austin, 
Which is hereby declared to be the Seat of Government. 

ARTICLE IV. 

EXECUTIVE de:»artment. 

Section 1. The Executive Department of tlie State shall consist of a 
Governor, who shall be the chief Executive Officer of the State, a Lieuten- 
ant-Governor, Secretary of State, Comptroller of Public Accounts, Treas- 
Tirer, Commissioner of the General Laud Office, and Attorney-General. 

Sec. 2. All the above officers of the Executive Department (except Sec- 
re^.ary of State) shall be elected by the quulitied voters of the State ai the 
time and places of election for members of the Legislature. 

Sec. 3. The returns of every election for said Executive Officers, until 
otherwise provided by law, shall be made out, sealed up, and transmitted 
by the returning officers prescribed by law, to the seat of government, df- 



^04 CONSTITUTION OF THE 

rected to the Secretary of State, who shall deliver the same to the Speakei 
of the House of Representatives, as soon as the Speaker shall be chosen ; 
and the said Speaker shall, during the tirst week of the session of the 
Legislature, open and publish them in the presence of both Houses of the 
Legislature. The person, voted for at said election, having the highest 
number of votes for each of said offices respectively, and being constitu- 
tionally eligible, shall be declared by the Speaker, under sanction of the 
Legislature, to be elected to said office. But if two or more persons shall 
have the highest and an equal number of votes for either of said offices, one 
of them shall be immediately chosen to such office by joint vote of both 
Houses of the Legislature. Contested elections for either of said offices 
shall be determined by both Houses of the Legislature in joint session. 

Sec. 4. The Governor shall be installed on the first Tuesday after the or- 
ganization of the Legislature, or as soon thereafter as practicable, and shall 
liold his office for the term of two years, or until his successor shall be duly 
installed. He shall be at least thirty years of age, a citizen of the United 
States, and shall have resided in this State at least five years immediately 
preceding his election. 

Sec. 5. He shall, at stated times, receive as compensation for his services 
an annual salary of four thousand dollars, and no more, and shall have the 
use and occupation of the Governor's mansion, fixtures, and furniture. 

Sec. 6. During the time he holds the office of Governor he shall not hold 
any other office, civil, military, or corporate ; nor shall he practice any pro- 
fession, and receive compensation, reward, fee, or the promise thereof, for 
the same; nor receive any salary, reward, or compensation, or the promise 
thereof, from any person or corporation, for any service rendered or perform- 
ed during the time he is Governor, or to be thereafter rendered or performed. 

Sec. 7. Pie shall be commander-in-chief of the military forces of the 
State, except when they are called into actual service of the United States. 
He shall have power to call forth the militia to execute the laws of the 
State, to suppress insurrections, repel invasions, and protect the frontier 
from hostile incursions by Indians or other predatory bands. 

Sec. 8. The Governor may, on extraordinary occasions, convene the 
Legislature at the seat of government, or at a different place in case that 
should be in possession of the public enemy, or in case of the prevalence of 
disease thereat. His proclamation therefor shall state specifically the pur- 
pose for which the Legislature is convened. 

Sec. 9. The Governor shall, at the commencement of each session of the 
Legislature, and at the close of his term of office, give to the Legislature 
Information, by message, of the condition of the State ; and he shall recom- 
mend to the Legislature such measures as he may deem expedient. He 



STATE OF TEXAS. 205 

shall account to the Legislature for all public moneys received and paid 
out by him from any fund subject to his order, with vouchers ; and shall 
accompany his message with a statement of the same. And at the com- 
mencement of each regular session he shall present estimates of the amount 
of money required to be raised by taxation for all purposes. 

Sec. 10. He shall cause the laws to be faithfully executed ; and shall 
conduct, in person, or in such manner as shall be prcscrilied by law, all in- 
tercourse and business of the State with other States and with the United 
States. 

Sec, 11. In all criminal cases, except treason and impeachment, he shall 
have power, after conviction, to grant reprieves, commutations of punish- 
ment, and pardons ; and, under such rules as the Legislature may prescribe, 
he shall have power to remit fines and forfeitures. With the advice and 
consent of the Senate, he may grant pardons in cases of treason, and to this 
end he may respite a sentence therefor, until the close of the succeeding 
session of the Legislature ; provided^ that in all cases of remissions of fines 
and forfeitures, or grants of reprieve, commutation of punishment, or par- 
don, he shall file in the oflUcc of the Secretary of State his reasons therefor. 

Sec. 12. All vacancies in State or district offices, except members of the 
Legislature, shall be filled, unless otherwise provided by law, by appoint- 
ment of the Governor, which appointment, if made during its session, shall 
be with the advice and consent of two-thirds of the Senate present. If 
made during the recess of the Senate, the said appointee, or some othei 
person to fill such vacancy, shall be nominated to the Senate during the 
first ten days of its session. If rejected, said office shall immediately be- 
come vacant, and the Governor shall, without delay, make further nomina- 
tions, until a confirmation takes place. But should there be no confirma- 
tion during the session of the Senate, the Governor shall not thereafter ap- 
point any person to fill such vacancy who has been rejected by the Senate ; 
but may appoint some other person to fill the vacancy until the next session 
of the Senate, or until the regular election to said office, should it sooner 
occur. Appointments to vacancies in offices elective by the people shall 
only continue until the first general election thereafter. 

Sec. IB. During the session of the Legislature the Governor shall reside 
where its sessions are held, and at all other times at the seat of government, 
except when, by act of the Legislature, he may be required or authorized 
to reside elsewhere. 

Sec. 14. Every bill which shall have passed both Houses of the Legisla- 
ture shall be presented to the Governor for his approval. If he approve he 
Bhall sign it ; but if he disapprove it, he shall return it, with his objections, 
to the House in which it originated, which House shall enter the objectiona 



20G CONSTITUTION OF THE 

at laro^e upon its journal, and proceed to reconsider it. If, after such recon* 
sideration, two-thirds of the members present agree to pass the bill, it shall 
be sent, with the objections, to the other House, by which likewise it shall 
be reconsidered ; and, if approved by two-thirds of the members of that 
House, it shall become a law ; but in such cases the votes of both Houses 
shall be determined I)y yeas and nays, and the names of the membeis voting 
for and against the bill shall be entered on tlie journal of each House re- 
spectively. If any bill shall not be returned by the Governor with his ob- 
jections witliin ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he had signed 
it, unless the Legislature, by its adjournment, prevent its return ; in which 
case it shall be a law, unless he shall file the same, with his objections, in 
the office of the Secretary of State, and give notice tliereof by public proc- 
lamation within twenty days after such adjournment. If any bill presented 
to the Governor contains several items of appropriation, he may object to 
one or more of such items, and approve the other portion of the bill. In 
such case he shall append to the bill, at the time of signing it, a statement 
of the items to which he objects, and no item so objected to shall take 
effect. If the Legislature be in session he shall transmit to the House in 
which the bill originated a copy of such statement, and the items objected 
to shall be separately considered. If, on reconsideration, one or more of 
such items be approved by two-thirds of the members present of each 
House, the same shall be part of the law, notwithstanding the objections of 
the Governor. If any such bill, containing several items of appropriation, 
not having been presented to the Governor ten days (Sundays excepted) 
prior to adjournment, be in the hands of the Governor at the time of ad- 
journment, he shall have twenty days from such adjournment within which 
to file objections to any items thereof and make proclamation of the same, 
and such item or items shall not take effect. 

Sec. 15. Every order, resolution, or vote to which the concurrence of both 
Houses of the Legislature may be necessary, except on questions of adjourn- 
ment, shall be presented to the Governor, and, before it shall take effect, 
shall be approved by him ; or, being disapproved, shall be repassed by both 
Houses ; and all the rules, provisions, and limitations shall apply thereto as 
prescribed in the last preceding section in the case of a bill. 

Sec. 16. There shall also be a Lieutenant-Governor, who shall be chosen 
at every election for Governor by the same electors, in the same manner, 
continue in office the same time, and possess the same qualifications. The 
electors shall distinguish for whom they vote as Goveinor and for whom aa 
Lieutenant-Governor. The Lieutenant-Governor shall by virtue of his office 
be president of the Senate, and shall have, when in Committee of the Whole, 
a right to debate and vote on all questions ; and when the Senate is equally 
divided, to give the casting vote. In case of the death, resignation, removal 



STATE OF TEXAS. 207 

from office, inability, or refusal of the Governor to serve, or of his impeach 
ment or absence from the State, theLieutenant Governor shall exercise the 
powers and authority appertuinini^ to the office of Governor until another 
be chosen at the periodical election, and be duly qualified ; or until the 
Governor impeached, absent, or disabled, shall be acquitted, return, or his 
disability be removed. 

Sec. 17. 11, during the vacancy in the office of Governor, the Lieutenant- 
Governor should die, resi<;n, refuse to serve, or be removed from office, or 
be unable to serve, or if he shall be impeached or absent from the State, 
the pi-esident of the Senate, for the time being, shall, in like manner, ad- 
minister the government until he shall be superseded by a Governor or 
Lieutenant-Governor, The Lieutenant-Governor shall, while he acts as 
president of the Senate, receive for his services the same compensation and 
mileage which shall be allowed to the members of the Senate, and no more; 
and during the time he administers the government, as Governor, he shall 
receive in like manner the same compensation which the Governor would 
have received had he been employed in the duties of his office, and no more. 
The president, for the time being, of the Senate, shall, during the time he 
administers the government, receive in like manner the same compensation 
which the Governor would have received had he been employed in the 
duties of his office. 

Sec. 18. The Lieutenant-Governor or president of the Senate succeeding 
to the office of Governor shall, during the entire term to which he may 
succeed, be under all the restrictions and inhibitions Imposed in this Con- 
stitution on the Governor. 

Sec. 19. There shall be a Seal of the State, which shall be kept by the 
Secretary of State, and used by him officially under the direction of the 
Governor. The Seal of the State shall be a star of five points, encircled by 
olive and live-oak branches, and the words, "The State of Texas." 

Sec. 20. All commissions shall be in the name and by the authority of the 
State of Texas, sealed with the State seal, signed by the Governor, and at- 
tested by the Secretary of State. 

Sec. 21. There shall be a Secretary of State, who shall be appointed by 
the Governor, by and with the advice and consent of the Senate, and 
who shall continue in office during the term of service of the Governor. 
He shall authenticate the publication of the laws, and keep a fair regis- 
ter of all official acts and proceedings of the Governor, and shall, when 
required, lay the same, and all papers, minutes, and vouchers relative thereto, 
before the Legislature, or either House thereof, and shall perform such 
other duties as may be required of him by law. He shall receive for hia 
•evvices an annual salary of two thousand dollars, and no more. 



208 CONSTITUTION OF THE 

Sec. 22. The Attorney-General shall hold his office for two years and 
Until his successor is duly qualified. He shall represent the State in all suita 
and pleas in the Supreme Court of the State in which the State may be a 
party, and shall especially enquire into the charter rights of all private cor- 
porations, and from time to time, in the name of the State, take such action 
in the courts as may be proper and necessary to prevent any private corpo* 
ration from exercising any power or demanding or collecting any species cf 
taxes, tolls, freight, or wharfage, not authorized by law. He shall, when- 
ever sufficient cause exists, seek a judicial forfeiture of such charters, un- 
less otherwise expressly directed by law, and give legal advice in writing to 
the Governor and other executive officers, when requested by them, and 
perform such other duties as may be required by law. He shall reside at 
the seat of government during his continuance in office. He shall receive 
for his services an annual salary of two thousand dollars, and no more, 
besides such fees as may be prescribed by law ; provided^ that the fees 
whicli he may receive shall not amount to more than two thousand dollars 
annually. 

Sec. 23. The Comptroller of Public Accounts, the Treasurer, and the Com- 
missioner of the General Land Office shall each hold office for the term of 
two years, and until his successor is qualified ; receive an annual salary of 
two thousand and five hundred dollars, and no more ; reside at the capital 
of the State during his continuance in office ; and perform such duties as 
are or may be required of him by law. They and the Secretary of State 
shall not receive to their own use any fees, costs, or perquisites of office. 
All fees that maybe payable by law for any service performed by any officer 
specified in this section, or in his office, shall be paid, Avhen received, into 
the State treasury. 

Sec. 24. An account shall be kept by the officers of the executive depart- 
ment, and by all officers and managers of State institutions, of all moneys 
and choses in action received and disbursed or otherwise disposed of by 
them, severally, from all sources, and for every service performed ; and a 
semi-annual report thereof shall be made to the Governor under oath. The 
Governor may, at any time, require information in writing from any and all 
of said officers or managers, upon any subject relating to the duties, condi- 
tion, management, and expenses of their respective offices and institutions, 
which information shall be required by the Governor under oath, and the 
Governor may also inspect their books, accounts, vouchers, and public funds ; 
and any officer or manager who, at any time, shall wilfully make a false 
report or give false information, shall be guilty of perjury, and so adjudged 
and punished accordingly, and removed from office. 

Sec. 25. The Legislature shall pass efficient laws facilitating the investi- 
gation of breaches of trust and duty by all custodians of public funds, and. 



STATE OF TEXAS. 209 



providing for their suspension from office on reasonable cause shown, and 
for the appointment of temporary incumbents of tlieir offices during such 
Buspension. 

Sec. 26, The Governor, by and with the advice and consent of two-thirda 
of the Senate, shall appoint a convenient number of notaries public for 
each county, who shall perform such duties as now are or may be pre« 
scribed by law. 

ARTICLE V. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of this State shall be vested in one 
Supreme Court, in a Court of Appeals, in Distiict Courts, in County Courts, 
in Commissioners' Courts, in Courts of Justices of the Peace, and in such 
other courts as may be established by law. The Legislature may establish 
Criminal District Courts, with such jurisdiction as it may prescribe, but no 
such court shall be established unless the district includes a city containing 
at least thirty thousand Inhabitants, as ascertained by tlie census of the 
United States or other official census ; provided^ such town or city shall 
support said Criminal District Courts when established. The Criminal Dis- 
trict Court of Galveston and Harris counties shall continue with the district, 
jurisdiction, and organization now existing by law, until otherwise provided 
by law. 

Sec. 2. Tlie Supreme Court shall consist of a Chief Justice and two Asso- 
ciate Justices, any two of whom shall constitute a quorum, and the concur- 
rence of two judges shall be necessary to the decision of a case. No person 
eliall be eligible to the office of Chief Justice or Associate Justice of the Su- 
preme Court unless he be at the time of his election a citizen of the United 
States and of this State, and unless he shall have attained the age of thirty- 
years, and shall have been a practising lawyer or a judge of a court in this 
State, or such lawyer and judge together, at least seven years. Said Chief 
Justice and Associate Justices shall be elected hy the qualified voters of the 
State at a general election, shall hold their offices for six years, and shall 
each receive an annual salary of not more than three thousand live hundred 
and fifty dollars. In case of a vacancy in the office of Chief Justice or Asso- 
ciate Justice of the Supreme Court, the Governor shall fill the vacancy until 
the next general election for State officers, and at such general election the 
vacaney for the unexpired term shall be filled by election by the qualified 
voters of the State. 

Sec. 3. The Supreme Court shall have appellate jurisdiction only, which 
shall be co-extensive with the limits of the State ; but shall only extend to 
civil cases of which the District Courts have original or appellate jurisdic- 
tion. Appeals may be allowed from interlocutory judgments of the Dia- 
9 



210 CONSTITUTION OF THE 

trict Courts, in such cases and under such regulations as may be provided 
by law. The Supreme Court and the judges thereof shall have power to 
issue, under sucli regulations as may be prescribed by law, the writ oi man- 
damus^ and all other writs necessary to enforce the jurisdiction of said court. 
Tlie Supreme Court shall have power, upon affidavit or otherwise, as by the 
coart may be thought proper, to ascertain such matters of fact as may be 
necessary to the proper exercise of its jurisdiction. The Supreme Court 
Bhall sit fcr the transaction of business from the first Mondoy in October 
until the last Saturday of June of every year, at the seat of government, 
and at not more than two other places in the State. 

Sec. 4. The Supreme Court shall appoint a clerk for each place at which 
it may sit, and each of said clerks shall give bond in such manner as is now 
or may hereafter be required by law; shall hold his office for four years, 
and shall be subject to lemoval by said court for good cause entered of 
record on the minutes of said court. 

Sec. 5. The Court of Appeals shall consist of three judges, any two of 
whom may constitute a quorum, and a concurrence of two judges shall be 
necessary to a decision of said couit. I'hey shall be elected by the qualified 
voters of the State at a general election. They shall be citizens of the 
United States and of this State ; shall have arrived at the age of thirty 
years at the time of election ; each shall have been a practising lawyer, or 
a judge of a court in this State, or such lawyer and judge together, for at 
least seven years. Said judges shall hold their offices for a term of six 
years, and each of them shall receive an annual salary of three thousand 
five hundred and fifty dollars, which shall not be increased or diminished 
during their term of office. 

Sec. 6. The Court of Appeals shall have appellate jurisdiction co-exten- 
sive with the limits of the State in all criminal cases, of whatever grade, 
and in all civil cases, unless hereafter otherwise provided by law, of which 
the County Courts have original or appellate jurisdiction. In civil cases its 
opinions shall not be published unless the publication of such opinions be 
required by law. The Court of Appeals and the judges thereof shall have 
power to is?ue the writ of habeas corpus; and under such regulations as 
may be prescribed by law, issue such writs as may be necessar}' to enforce 
Its own jurisdiction. The Court of Appeals shall have power, upon affida- 
vits, or otherwise, as by the court may be thought proper, to ascertain such 
mutters of fact as mny be necessary to the exercise of its jurisdiction. Tht 
Court of Appeals shall sit for the transaction of business from the first 
Monday of October until the last Saturday of June of every year, at the 
capital, and at not more than two other places in the State, at which the 
Supreme Court shall hold its sessions. The court shall appoint a clerk for 
each place at which it may sit, and each of said clerks shall give bond in 



STATE OF TEXAS. 211 

such manner as is now or may hereafter be required by law ; shall hold his 
office for four years, and shall be subject to removal by the said court for 
good cause, entered of record ou the minutes of said court. 

Sec. 7. The State shall be divided into twenty-six judicial districts, 
which maybe increased or diminished by the Legislature. For each distiict 
th ire shall be elected, by the qualified voters thereof, at a general election 
fo members of the Legislature, a judge, who shall be at least twenty-five 
years ©f age, shall be a citizen of the United States, shall have been a prac- 
tising attorney or a judge of a court in this State for the period of four 
years, and shall have resided in the district in which he is elected for two 
years naxt before his election ; shall reside in his district during his term of 
office ; shall hold his office for the term of four years ; shall receive an 
annual salary of twenty-five hundred dollars, which shall not be increased 
or diminished during his term of service ; and shall hold the regular terms 
of court-at one place in each county in the district twice in each year, in 
such manner as may be prescribed by law. The Legislature shall have 
power by general act to authorize the holding of special terms, when nec- 
essary, and to provide for holding more than two terms of the court in any 
county, for the dispatch of business; and shall provide for the holding of 
District Courts when the judge thereof is absent, or is from any cause dis- 
abled or disqualified from presiding. 

Sec. 8. The District Court shall have original jurisdiction in criminal 
cases of the grade of felony ; of all suits in behalf of the State to recover 
penalties, forfeitures, and escheats ; of all cases of divorce ; in cases of 
misdemeanors involving official misconduct ; of all suits to recover damages 
for slander or defamation of character; of all suits for the trial of title to 
land, and for the enforcement of liens thereon ; of all suits for trial of right 
to property levied on by virtue of any writ of execution, sequestration, or 
attachment, when the property levied on shall be equal to or exceed in 
value five hundred dollars; and of all suits, complaints, or pleas whatever, 
without regard to any distinction between law and equity, when the matter 
In controversy shall be valued at, or amount to five hundred dollars, exclu- 
sive of interest; and the said courts and the judges thereof shall have 
power to issue writs of habeas coi^pus in felony cases, mandamu.-^, injunction, 
certiorari, and all writs necessary to enforce their jurisdiction. The District 
Courts shall have appellate jurisdiction and general control in probate 
matters over the County Court established in each county for appointing 
guardians, granting letters testamentary and of administration, for settling 
the accounts of executors, administrators, and guardians, and for the trans- 
action of business appertaining to estates; and original jurisdiction and 
general control over executors, administrators, guardians, and minors, 
under such regulations as may be prescribed by the Legislature. All cases 
now pending in the Supreme Court, of wiiich the Court of Appeals has 



212 CONSTITUTION OF THE 

appellate jurisdiction under the provisions of this Article, shall, ns soon ai 
practicable after the establishment of said Court of Appeals, be certified, 
and the records transmitted to the Court of Appeals, and sliail be decided 
by such Court of Appeals as if the same had been originally appealed to 
such court. 

Sec. 9. There shall be a clerk for the District Court of each county, who 
shall be elected by the qualified voters for the State and count}' officers, 
and who shall hold his office for two years, subject to removal by informa- 
tion, or by indictment of a grand jury, and conviction by a petit jur}'. In 
case of vacancy the judge of tlie District Court shall have the power to ap- 
point a clerk, who shall hold until the office can be filled by election. 

Sec. 10. In the trial of all causes in the District Courts, the plaintiff or 
defendant shall, upon application made in open court, have the right of trial 
by jury; but no jury shall be impanelled in any civil case unless demanded 
by a party to the case, and a jury fee be paid by the party demanding a jury, 
for such sum, and with such exceptions as may be prescribed by the Legis- 
lature. 

Sec. 11. No judge shall sit in any case wherein he may be interested, or 
where either of the parties may be connected with him by affinity or con- 
sanguinity, within such degree as may be prescribed by law, or where he shall 
have been counsel in the case. When the Supreme Court, or the Appellate 
Court, or any two of the members of either, shall be thus disqualified to 
hear and determine any case or cases in said court, the same shall be certified 
to the Governor of the State, who shall immediately commission the 
requisite number of persons learned in the law, for the trial and determina- 
tion of said cause or causes. When a judge of the District Court is dis- 
qualified by any of the causes above stated, the parties may, by consent, 
appoint a proper person to try said case ; or, upon their failing to do so, a 
competent person may be appointed to try the same in the county where il 
is pending, in such manner as may be prescribed by law. And the District 
Judges may exchange districts, or hold courts for each other, when they 
may deem it expedient, and shall do so when directed by law. The dis- 
qualification of judges of inferior tribunals shall be remedied, and vacan- 
cies in their offices shall be filled, as prescribed by law. 

Sec. 13. All judges of the Supreme Court, Court of Appeals, and District 
Courts shall, by virtue of their offices, be conservators of the peace through- 
out the State. The style of all writs and process shall be "The State ol 
Texas." All prosecutions shall be carried on in the name and by the au- 
thority of "The State of Texas," and conclude "against the peace and 
dignity of the State." 

Sec. 13. Grand and petit juries in the District Courts shall be composed 



STATE OF TEXAS. 213 



of twelve men; but nine members of a .^rand jury shall be a quorum to 
transact bu.siness and present bills. In trials of civil cases, and in trials of 
criminal cases below the orade of felony, in the District Courts, nine mem- 
bers of the jury, concurring, may render a verdict, but when the verdict 
shall be rendeied by less than the wliole number, it shall be signed by 
evary member of the jury concurring in it. When, pending the trial of any 
case, one or more jurors not exceeding three, may die, or be disabled from 
iitting, tlie remainder of the jury shall have ll>e power to render the ver- 
dict ; provided^ that tlie Legislature may change or modify the rule author- 
izing less than the wnole number of the jury to render a verdict 

Sec. 14. The Judicial Districts in tl^s State and the time of holding tlie 
coLiits therein are fixed by ordinance forming part of this Constitution, 
until otherwise provided by law. 

Sec, 15. There shall be established in each county in this State a County 
Court, which shall be a court of record ; and there shall be elected in each 
county, by the qualified voters, a County Judiie, who shall be well informed 
in the law of the State ; shall be a conservator of the peace, and shall hold 
his office for two years, and until his successor shall be elected and quali- 
fied. He shall receive as a compensation for his services sucli fees and 
perquisites as may be prescribed by law. 

Sec. 16. The County Court shall have original jurisdiction in all misde- 
meanors, of which exclusive original jurisdiction is not given to the Jus- 
tice's Court, as the same are now or may be hereafter prescribed by law, 
and when the fine to be imposed shall exceed two hundred dollars; and 
they shall have exclusive original jurisdiction in all civil cases when the 
matter in controversy shall exceed in value two hundred dollars, and not 
exceed five hundred dollars, exclusive of interest ; and concurrent jurisdic- 
tion with the District Courts, when tlie matter in controversy shall exceed 
five hundred and not exceed one thousand dollars, exclusive of interest; 
but shall not have jurisdiction of suits for the recovery of land. They shall 
have appellate jurisdiction in cases, civil and criminal, of which Justice's 
Courts have original jurisdiction, but of such civil cases only when the 
judgment of the court appealed from shall exceed twenty dollars, exclu- 
sive of costs, under such regulations as may be prescribed by law. In all 
appeals from Justice's Courts, there shall be a trial de novo in the County 
Court, and when the judgment rendered or fine imposed by the County 
Court shall not exceed one hundred dollars such trial shall be final ; but if 
the judgment rendered or fine imposed shall exceed one hundred dollars, 
as well as in all cases, civil and criminal, of whicli the County Court has ex- 
clusive or concurrent original jurisdiction, an appeal shall lie to the Court 
of Appeals, under such regulations as may be prescribed by law. The 
County Courts shall have the general jurisdiction of a Probate Court. 



214 CONSTITUTION OF THE 

Ihey shall probate wills, appoint guardians of minors, idiots, lunatics, 
persons non compos mentis, and common drunkards, grant letters testament- 
arj' and of administration, settle iiccounts of executors, administrators, 
and guardiauf., transact all business appertaining to the estates of deceased 
persons, minors, idiots, lunatics, persons non compos mentis, and common 
drunkards, including the settlement, partition, and distribution of estates 
of deceased persons, and to apprentice minors, as provided by law. And 
the County Courts, or judges thereof, shall have power to issue writs of 
mandamus, injunction, and all other writs necessary to the enforcement of 
the jurisdiction of said courts ; and to issue writs of habeas corpus m cases 
where the offence charged is within the jurisdiction of the County Court, or 
any otiier court or tribunal inferior to said court. The County Court shall 
not have criminal jurisdiction in any county where there is a Criminal Dis- 
trict Court, unless expressly conferred bylaw ; and in such counties appeals 
from Justice's Courts and other inferior courts and tribunals, in criminal 
cases, shall be to the Criminal District Courts, under such regulations as 
may be prescribed by law, and in all such cases an appeal shall lie from such 
District Courts to the Court of Appeals. Any case pending in tlie County 
Court, which the County Judge may be disqualified to try, sliall be trans- 
ferred to the Disti'ict Court of tlie same county for trial : and where tlierc 
exists any cause disqualifying the County Judge for the trial of a cause of 
which the County Court has jurisdiction, the District Court of sucli county 
shall have original jurisdiction of such cause. 

Sec. 17. The County Court shall hold a term for civil business at least 
once in every two months, and shall dispose of probate business, either in 
term-time or vacation, as may be provided by law ; and said court shall 
hold a term for criminal business once in every month, as may be provided 
by law. Prosecutions may be commenced in said court by information 
filed by the County Attorney, or by aflldavit, as may be provided by law. 
Grand juries impanelled in tlie District Courts shall Inquire into misde- 
meanors, and all indictments therefor returned into the District Courts 
shall forthwith be certified to the County Courts, or other inferior courts 
having jurisdiction to try them, for trial; and if sucli indictment be quashed 
In the County or other infeiior court, the person charged shall not be dis- 
charged if there is probable cause of guilt, but may be held by such court 
or magistrate to answer an information or affidavit. A jury in tlie County 
Court shall consist of six men; but no jury shall be impanelled to try a 
civil case, unless demanded by one of the parties, who shall pay such jury 
fee therefor, in advance, as may be prescribed by law, unless he makes 
affidavit tiiat lie is unable to pay the same. 

Src. 18. Each organized county in the State, now or heieafter existing, 
shall be divided from time to time, for the convenience of the people, into 
precincts, not less than four and not more than eight. The present County 



r 



STATE OF TEXAS. 215 

Courts shall make the first division. Subsequent divisions shall be made 
by the Commissioners' Court, provided for by this Constitution, In each 
such precinct there shall be elected, at each biennial election, one Justice of 
the Peace and one Constable, each of whom shall hold his office for two 
years, and until his successor shall be elected and qualified; provided^ that 
in any precinct in which there may be a city of eight thousand or more in- 
habitants, there shall be elected two Justices of the Peace. Each countj 
shall in like maimer be divided into four commissioners' precincts, in each 
of wliich there shall be elected, by the qualified voters thereof, one County 
Commissioner, who shall hold his office for two years, and until his succes- 
sor shall be elected and qualified. The County Commissioners so chosen, 
witli the County Judge, as presiding officer, shall compose the County 
Commissioners' Court, which shall exercise such powers and jurisdiction 
over all county business as is conferred by this Constitution and the laws 
of this State, or as may be hereafter prescribed. 

Sec. 19. Justices of the Peace shall have jurisdiction in criminal matters 
of all cases where the penalty or fine to be imposed by law may not be more 
than for two hundred dollars, and in civil matters of all cases where the 
amount in controversy is two liundred dollars or less, exclusive of interest, 
of which exclusive original jurisdiction is not given to the District or 
County Courts; and such other jurisdiction, criminal and civil, as may be 
provided by law, under such regulations as may be prescriljed by law ; and 
appeals to the County Courts shall be allowed in all cases decided in Jus- 
tice's Courts where the judgment is for more than twenty dollars exclusive 
of costs, and in all criminal cases, under such regulations as may be pre- 
scribed by law. And the Justices of the Peace shall be ex-officio notaries 
public ; and they shall hold their courts at such times and places as may be 
provided by law. 

Sec. 20. There shall be elected for each county, by the qualified voters, a 
County Clerk, who shall hold his office for two years, who shall be Clerk of 
the County and Commissioners' Courts and Recorder of the county, whose 
duties, perquisites, and fees of office shall be prescribed by the Legislature, 
and a vacancy in whose office shall be filled by the Commissioners' Court, 
until the next general election for county and State officers ; provided, that 
in counties having a population of less than eight thousand persons there 
may be an election of a single clerk, who shall perform the duties of Dis- 
trict and County Clerk. 

Sec. 21. A County Attorney, for counties in which there is not a resident 
Criminal District Attorney, shall be elected by the qualified voters of each 
county, who shall be commissioned by the Governor, and hold his office for 
the term of two years. In case of vacancy, the Commissioners' Court of 
the county shall have power to appoint a County Attorney until the next 



216 CONSTITUTION OF THE 

general election. The County Attorneys shall represent the State m al. 
cases in the District and inferior courts in their respective counties ; but if 
any county shall be included in a district in wliich there shall be a Distric* 
Attorney, the respective duties of District Attorneys and County Attorneys 
shall in such counties be reguluted by the Legislature. The Legislature 
may provide for the election of District Attorneys in such districts as may 
be deemed necessary, and make provision for the compensation of District 
Attorneys and County Attorneys ; provided. District Attorneys shall receive 
an annual salary of five hundred dollars, to be paid by the State, and such 
fees, commissions, and perquisites as may be provided by law. County At- 
torneys shall receive as compensation only such fees, commissions, and 
perquisites as may be prescribed by law. 

Sec. 22. The Legislature shall have power, by local or general law, to 
increase, diminish, or change the civil and criminal jurisdiction of County 
Courts ; and in cases of any such change of jurisdiction the Legislature 
shall also conform the jurisdiction of the other courts to such change. 

Sec. 23. There shall be elected by the qualified voters of each county a 
Sheriff, who shall hold his ofiice for the term of two years, whose duties, 
and perquisites, and fees of office, shall be prescribed by the Legislature, 
and vacancies in whose office shall be filled by the Commissioners' Court 
until the next general election for county or State officers. 

Sec. 24. County Judges, County Attorneys, Clerks of the District and 
County Courts, Justices of the Peace, Constables, and other county officers, 
may be removed by the Judges of tlie District Courts for incompetency, 
official misconduct, habitual drunkenness, or other causes defined by low, 
upon the cause therefor being set forth in writing, and the finding of its 
truth by a jury. 

Sec. 25. Tlie Supreme Court shall liave power to make rules and regu- 
lations for the government of said court, and the other courts of the State^ 
to regulate proceedings and expedite the dispatch of business therein. 

Sec. 26 The State shall have no right of appeal in criminal cases. 

Sec. 27. The Legislature shall, at its first session, provide for the transfer 
of all business, civil and criminal, pending in District Courts, over which 
jurisdiction is given by this Constitution to the County Courts, or other 
inferior courts, to such County or infeiior courts, and for the trial or dis- 
position of all such causes by such County or other inferior courts. 

Sec. 28. Vacancies in the office of judges in the Supreme Court, of the 
Court of Appeals, and District Court, shall be filled by the Governor until 
the next succeeding general election ; and vacancies in the office of County 
Judge, and Justices of the Peace, shall be filled by the Commissioners' 
Court, until the next general election for such offices. 



STATE OF TEXAS. 217 

ARTICLE VI. 

SDFFKAGE, 

Section 1. The following classes of persons shall not be allowed to vote 
In this State, to wit : 

First. — Persons under twenty-ona years of age. 

Second. — Idiots and lunatics. 

Third. — All paupers supported by any county. 

Fourth. — All persons convicted of any felony, subject to such exceptions 
as the Legislature may make. 

Fiftli. — All soldiers, marines, and seamen employed in the service of the 
army or navy of the United States. 

Sec. 2. Every male person subject to none of the foregoing disqualifica- 
tions, who shall have attained the age of twenty-one years, and who shall 
be a citizen of the United States, and who shall have resided in this State 
one year next preceding an election, and the last six months within the dis- 
trict or county in which he offers to vote, shall be deemed a qualified 
elector ; and every male person of foreign birth, subject to none of the 
foregoing disqualifications, who, at any time before an election, shall have 
declared his intention to become a citizen of the United States in accordance 
with the Federal Naturalization Laws, and shall have resided in this State one 
year next preceding such election, and the last six months in the county in 
which he offers to vote, shall also be deemed a qualified elector ; and all 
electors shall vote in the election precinct of their residence ; provided, that 
electors living in any unorganized county may vote at any election precinct 
in the county to which such county is attached for judicial purposes. 

Sec. 3. All qualified electors of the State, as herein described, who sliall 
have resided for six months immediately preceding an election within the 
limits of any city or corporate town, shall liave the right to vote for Mayor 
and all other elective oflftcers ; but in all elections to determine expenditure 
of money or assumption of debt, only those shall be qualified to vote who 
pay taxes on property in said city or incorporated town ; provided, that no 
poll tax for the payment of debts thus incurred shall be levied upon the 
persons debarred from voting in relation thereto. 

Sec. 4. In all elections by the people the vote shall be by ballot, and the 
Legislature shall provide for the numbering of tickets, and make such 
other regulations as may be necessary to detect and punish fraud, and pre- 
serve the purity of the ballot box ; but no law shall ever be enacted requir- 
ing a registration of the voters of this State. 

Sec. 5. Voters shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, and io 
going to and returning therefrom. 



218 CONSTITUTION OF THE 

ARTICLE Vn. 

EDUCATION. — THE PUBLIC FREE SCHOOLS. 

Section 1. A general diffusion of knowledge being essential to the pres- 
ervation of the liberties and rights of the people, it shall be the duty ol 
tlie Legislature of the State to establish and make suitable provision for 
the support and maintenance of an efficient system of public free schools. 

Sec. 2. All funds, lands, and other property heretofore set apart and 
appropriated for the support of public schools ; all the alternate sections 
of land reserved by the State out of grants heretofore made, or that may 
hereafter be made to railroads, or other corpoi-ations, of any nature what- 
soever ; one-half of the public domain of the State ; and all sums of money 
that may come to the State from the sale of any portion of the same, shall 
constitute a perpetual school fund. 

Sec. 3. There shall be set apart annually not more than one-fourth of the 
general revenue of the State, and a poll tax of one dollar on all male inhab- 
itants in this State between tlie ages of twenty-one and sixty years, for the 
benefit of the public free schools. 

Sec. 4. The land herein set apart to the public free school fund shall be 
sold under such regulations, at such times, and on such terms as may be 
prescribed by law ; and the Legislature shall not have power to grant any 
relief to the purchasers thereof. The Comptroller shall invest the proceeds 
of such sales, and of those heretofore made, as may be directed by the 
Board of Education herein provided for, in the bonds of this State, if thf 
same can be obtained, otherwise in United States bonds ; and the United 
States bonds now belonging to said fund shall likewise be invested in State 
bonds, if the same can be obtained on terms advantageous to the school 
fund. 

Sec. 5. Tlie principal of all bonds, and other funds, and the principal 
arising from the sale of the lands hereinbefore set apart for said school 
fund, shall be the permanent school fund ; and all the interest derivable 
therefrom, and the taxes herein authorized and levied, shall be the available 
school fund, which shall be applied annually to the support of the public 
free schools. And no law shall ever be enacted appropriating any part of 
the permanent or available school fund to any other purpose whatever ; nor 
shall the same or any part thereof ever be appropriated to, or used for the 
support of any sectarian school; and the available school fund herein pro- 
vided shall be distributed to the several counties according to their scholas- 
tic population, and applied in manner as may be provided by law. 

Sec. 6. All lands heretofore or hereafter granted to the several counties 
of this State for education or schools, are of right the property of said 



STATE OF TEXAS, 219 

counties respectively to which they were granted, and title thereto is vested 
In said counties, and no adverse possession or limitation shall ever be avail- 
able against the title of any county. Each county may sell or dispose of its 
ands in whole or in part, in manner to be provided by the Commissioners' 
Court of the county. Actual settlers residing on said lands shall be pro- 
tected in the prior right of purchasing the same to the extent of their set- 
tlement, not to exceed one hundred and sixty acres, at the price fixed by 
•aid court, which price shall not include the value of existing impiovomenta 
made thereon by such settlers. Said lands and the proceeds thereof, when 
sold, shall be held by said counties alone as a trust for the benefit of public 
schools therein-; said proceeds to be invested in bonds of the State of 
Texas, or of the United States, and only the interest thereon to be used and 
expended annually. 

Sec. 7. Separate schools shall be provided for the white and colored chil- 
dren, and impartial provision shall be made for both. 

Sec. 8. The Governor, Comptroller, and Secretary of State shaU consti- 
tute a Board of Education, who shall distribute said funds to the several 
counties, and perform such other duties concerning public schools as may 
be prescribed by law. 

ASYLUMS. 

Sec. 9. All lands heretofore granted for the benefit of the Lunatic, Blind, 
Deaf and Dumb, and Orphan Asylums, together with such donations as 
may have been or may hereafter be made to either of them, respectively, 
as indicated in the several grants, are hereby set apart to provide a perma- 
nent fund for the support, maintenance, and improvement of said asylums. 
And the Legislature may provide for the sale of the lands and investment 
of the proceeds in manner as provided for the sale and investment of school 
lands in Section 4 of this Article. 

UNIVERSITY. 

Sec. 10. The Legislature shall, as soon as practicable, establish, organize, 
and provide for the maintenance, support, and direction of a university of 
the first class, to be located by a vote of the people of this State, and styled 
"The University of Texas," for the promotion of literature, and the arts 
and sciences, including an agricultural and mechanical department. 

Slc. 11. In order to enable the Legislature to perform the duties set forth 
In th^ foregoing section, it is hereby declared that all lands and other prop- 
erty heretofore set apart and appropriated for the establishment and main- 
tenance of *'The University of Texas," together with all the proceeds ol 
sales of the same, heretofore made or hereafter to be made, and all ^;ra?its, 
donations, and appropriations that may hereafter be made by the State »>i 



220 CONSTITUTION OF TEE 

Texas, or from any otliei source, shall constitute and become a permauenl 
upiversity fund. And the same as realized and received into the Treasury 
of the State (together with such sums, belonging to the fund, as may now 
be in the Treasury), sliall be invested in bonds of the State of Texas, if the 
same can be obtained, if not, then in United States bonds ; and the interest 
accruing thereon shall be subject to appropriation by the Legislature to 
ftccomplish the purpose declared in the foregoing section ; jorovitied, that 
one-tenth of the alternate sections of the lands granted to railroads, reserved 
by the State, which were set apart and appropriated to the establishment of 
•' The University of Texas," by an act of the Legislature of February 11, 
1858, entitled "An act to establisli 'The University of Texas,'" shall not 
be included in or constitute a part of the permanent university fund. 

Sec. 12. The land herein set apart to the university fund shall be sold 
under such regulations, at such times, and on such terms, as may be pro- 
vided by law ; and the Legislature shall provide for the prompt collection, 
at maturity, of all debts due on account of university lands, heretofore 
sold, or that may hereafter be sold, and shall in neither event have the 
power to grant relief to the purchasers. 

Sec. 13. The Agricultural and Mechanical College of Texas, established 
by au act of the Legislature, passed April 17, 1871, located in the county of 
Brazos, is liereby made and constituted a branch of the University of Texas, 
for instruction in agriculture, the mechanic arts, and tlie natural sciences 
connected therewith. And the Legislature shall, at its next session, make 
an appropriation, not to exceed forty thousand dollars, for the construction 
and completion of the buildings and improvements, and for providing the 
furniture necessary to put said college in immediate and successful opera- 
tion. 

Sec. 14. The Legislature shall also, when deemed practicable, establish 
and provide for the maintenance of a college or branch university for the 
instruction of the colored youths of the State, to be located by a vote of the 
people ; provided, that no tax shall be levied, and no money appropriated 
out of the general revenue, either for this purpose or for the establishment 
and erection of ihe buildings of the University of Texas. 

Sec. 15. In addition to the lands heretofore granted to the University of 
Texas, there is hereby set apart and appropriated, for the endowment, 
maintenance, and support of said University and its branches, one million 
&< res of the unappropriated public domain of the State, to be designated 
and surveyed as may be provided by law ; -and said lands shall be sold 
under the same regulations, and the proceeds invested in the same manner 
as is provided for the sale and investment of the permanent University 
fund ; and the Legislature shall not have power to grant any relief to the 
purchasers of said lands. 



STATE OF TEXAS. 221 



ARTICLE VIII. 

TAXATION AND REVENUE. 

Section 1. Taxation shall be equal and uniform. All property in thii 
State, whether owned by natural persons or corporations, other than mu* 
nicipal, shall be taxed in proportion to its value, which shall be ascertained 
as may be provided by law. The Legislature may impose a poll tax. It 
may also impose occupation taxes, both upon natural persons and upon cor- 
porations, other than municipal, doing any business in this State. It may 
tax incomes of both natural persons and corporations, other than mu- 
nicipal, except that persons engaged in mechanical and agricultural 
pursuits shall never be required to pay an occupation tax ; provided^ 
that two hundred and fifty dollars worth of household and kitchen 
furniture, belonging to each family in this State, shall be exempt from tax- 
ation ; and provided further, that the occupation tax levied by any county, 
city, or town, for any year, on persons or corporations pursuing any pro- 
fession or business, shall not exceed one-half of the tax levied by tlie State 
for the same period on such profession or business. 

Sec. 2. All occupation taxes shall be equal and uniform upon the same 
class of subjects within the limits of the authority levying the tax ; but the 
Legislature may, by general laws, exempt from taxation public property 
used for public purposes; actual places of religious worship; places of 
burial not held for private or corporate protit; all buildings used exclusive- 
ly and owned by persons or associations of persons for school purposes 
(and tlie necessary furniture of all schools), and institutions of purely pub- 
lie charity ; and all laws exempting property from taxation other than the 
property above mentioned, shall be void. 

Sec. 3. Taxes shall be levied and collected by general laws and for pub- 
lic purposes only. 

Sec. 4. The power to tax corporations and corporate property shall not 
be surrendered or suspended by act of the Legislature, by any contract or 
grant to which the State shall be a party. 

Sec. 5. All property of railroad companies, of whatever description, lying 
or being within the limits of any city or incorporated town within this State, 
shall bear its proportionate sliare of municipal taxation ; and if any such 
property shall not have been heretofore rendered, the authorities of the 
city or town within which it lies shall have power to require its rendition, 
and collect the usual municipal tax thereon, as on other property lying 
within said municipality. 

Sec. 6. No money shall be drawn from the treasury but in pursuance of 
specific appropriations made by law ; nor shall any appropriation of monev 



222 CONSTITUTION OF THE 

be made for a longer term than two years, except b\' the first Legislature to as 
semble under tliis Constitution, which may make the necessary appropriations 
to carry on the government until the assemblage of the Sixteenth Legislature. 

Sec. 7. Tlie Legislature shall not have power to borrow, or in any mau' 
ner divert from its purpose any special fund that may, or ought to, corae 
into the treasury ; and shall make it penal for any person or persons to 
borrow, withhold, or in any manner to divert from its purpose any special 
fund, or any part thereof. 

Sec. 8. All property of railroad companies shall be assessed, and the 
taxes collected in the several counties in which said property is situated, 
including so much of the road- bed and fixtures as shall be in each county. 
The rolling stock may be assessed in gross in the county where the principal 
ofiice of the company is located, and the county tax paid upon it shall be 
apportioned by the Comptroller, in proportion to the distance such road 
may run through any such county, among the several counties through 
which the road passes, as a part of their tax assets. 

Sec. 9. The State tax on property, exclusive of the tax necessary to pay 
the public debt, shall never exceed fifty cents on the one hundred dollara 
valuation, and no county, city, or town shall levy more than one-half of said 
State tax, except for the payment of debts already incurred, and for the erec- 
tion of public buildings, not to exceed fifty cents on the one hundred dol- 
lars in any one year, and except as in this Constitution is otherwise provided. 

Sec. 10. The Legislature shall have no power to release the inhabitants 
of, or property in, any county, city, or town from the payment of taxes 
levied for State or county purposes, unless in case of great public calamity 
in any such county, city, or town, when such release may be made by a vote 
of two-thirds of each House of the Legislature. 

Sec. 11. All property, whether owned by persons or corporations, shall 
be assessed for taxation, and the taxes paid in the county where situated, 
but the Legislature n)ay, by a two-thirds vote, authorize the payment of 
taxes of non-residents of counties to be made at the office of the Comptrol- 
ler of Public Accounts. And all lands and other property not rendered for 
taxation by the owner thereof shall be assessed at its fair value by tb3 
proper oflflcer. 

Sec. 12. All property subject to taxation in, and owned by residents of 
unorganized counties, shall be assessed and the taxes thereon paid in the 
counties to which such unorganized counties shall be atta.ched for judicial 
purposes; and lands lying in and owned by non-residents of unorganized 
counties, and lands lying in the territory, not laid off into counties, shall be 
assessed and the taxes thereon collected at the office of the Comptroller of 
the State. 



.STATE OF TEXAS. 223 



Sec. 13. Provision shall be made by the first Legislature for the speedy 
sale of a sufficient portion of all lands and otlier property for tlie taxes due 
thereon, and every year thereafter for the sale of all lands and other prop- 
erty upon which the taxes have not been paid, and the deed of conveyance 
to the purchaser for all lands and other property tlius sold shall be held to 
rest a good and perfect title in tlie purchaser thereof, subject to be im- 
peached only for actual fraud ; provided, that the former owner shall, within 
two years from date of purchaser's deed, liave the riglit to redeem the land 
upon the payment of double the amount of money paid for the land. 

Sec. 14. There shall be elected by the qualified electors of each county, 
at the same time and under the same law regulating the election of State 
and county officers, an assessor of taxes, who sliall hold his office for two 
years, and until his successor is elected and qualified. 

Sec. 15. The annual assessment made upon landed property shall be a 
special lien tliereon, and all property, both real and personal, belonging to 
any delinquent taxpayer, shall be liable to seizure and sale for the payment 
of all the taxes and penalties due by such delinquent ; and such property 
may be sold for tlie payment of tlie taxes and penalties due by such delin^ 
quent, under such regulations as the Legislature may provide. 

Sec. 16. The sheriff of each county, in addition to his other duties, shall 
be the collector of taxes therefor. But in counties having ten tliousand 
'iihabitants, to be determined by the last preceding census of the United 
States, a collector of taxes shall be elected to hold office for two years, and 
until his successor shall be elected and qualified. 

Sec. 17. The specification of the objects and subjects of taxation shall 
not deprive the Legislature of the power to require other subjects or ob- 
jects to be taxed in such manner as may be consistent with the principles of 
taxation fixed in this Constitution. 

Seo, 1^ The Legislature shall provide for equalizing, as near as maybe, 
the valuation of all property subject to or rendered for taxation (the County 
Commissioner's Court to constitute a board of equalization) ; and may also 
provide for the classification of all lands, with reference to their value iu 
the several counties. 

ARTICLE IX. 

COUNTIES. 

Section 1. The Legislature shall have power to create counties for th« 
convenience of the people, subject to the following provisions : 

First. — In the territory of the State exterior to all counties now es Isting, 
no new counties shall be created with a less area than nine hundred squara 



224 CONSTITUTION OF TEE 

miles, in a square form, unless prevented by pre-existing boundary lines. 
Should tlie State lines render this impracticable in border counties, the area 
may be less. The territory referred to may, at any time, in wliole or in 
part, be divided into counties in advance of population, and attached, for 
judicial and land-surveying purposes, to the most convenient organized 
county or counties. 

iSecond. — Witliin the territory of any county or counties now existing, no 
new county sludl be created with a less area tlian seven liundred square 
miles, nor sliall an}' such county now existing be reduced to a less area 
than seven hundred square miles. No new counties shall be created so as 
to approacli nearer than twelve miles of the county seat of any county from 
which it may, in whole or in part, be taken. Counties of a less area tiiau 
nine hundred, but of seven hundred or more square miles, within counties 
now existing, may be created by a two-thirds vote of each House of the 
Legislature, taken by yeas and nays, and entered on the journals. Any 
county now existing may be reduced to an area of not less than seven hun- 
dred square miles, by a like two-thirds vote. When any part of a county is 
stricken off and attached to or created into another county, the part stricken 
off shall be holden for and obliged to pay its proportion of all the liabilities 
then existing of the county from which it was taken, in such manner as 
may be prescribed by law. 

Third. — No part of any existing county shall be detached from it and 
attached to another existing county until the proposition for such change 
shall have been submitted, in such nianm-r as may be provided by law, to 
a vote of the electors of both counties, and shall have leceived a majority 
of tliose voting on the question in each. 

COUNTY SEATS. 

Sec. 3. The Leuislature shall pass laws regulating the manner of remov- 
ing county seats, but no county seat situated witliin five miles of the geo- 
gi'aphical centre of the county shall be removed, except by a vote of two- 
thirds of all the electors voting on the subject. A majority of such electors, 
however, voting at such election, may remove a county seat from a point 
more than five miles from the geographical centre of the county to a point 
within five miles of such centre, in cither case the centre to be determined 
by a certificate from the Commissioner of the General Land Ofllice. 

ARTICLE X. 

RAILROADS. 

Sbction 1. Any railroad corporation or association, organized under the 
law for the purpose, shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State line with 



STATE OF TEXAS. 225 

railroads of other States. Every railroad company shall have the richt, 
vrith its roa«l, to intersect, connect with, or cross any other railroad ; and 
shall receive and transport each the other's passengers, tonnage, and cars, 
lOiided or empty, without delay or discrimination, under such regulations 
&c shall be prescribed by law. 

Sec. 2. Railronds heretofore constructed, or that may hereafter be con- 
structed in this State, are hereby declared public highways, and railroad 
companies common carriers. The Legislature shall pass laws to correct 
ftbusts and prevent unjust discrimination and extortion in tlie rates of 
freight and passenger tariffs on the different railroads in this State ; and 
shall from time to time pass laws establishing reasonable maximum rates 
of charges for the ti-ansportation of passengers and freight on said railroads, 
and enforce all such laws by adequate penalties. 

Skc. B. Every railroad or other corporation, organized or doing business 
in this State under the laws or authority thereof, shall have and maintain a 
public office or place in tliis State for the transaction of its business, where 
transfers of stock shall be made, and where shall be kept, for inspection 
by the stockholders of such corporations, books, in which shall be recorded 
the amount of capital stock subscribed, the names of the owners of the 
stock, the amounts owned by them respectively, the amount of stock paid, 
and by whom, the transfer of said stock, with the date of the transfer, the 
amount of its assets and liabilities, and the names and places of residence 
of its officers. The directors of every railroad company shall hold one 
meeting annually in this State, public notice of which shall be given thirty 
days previously, and the president or superintendent shall report annually, 
under oath, to the Comptroller or Governor, their acts and doings, which 
report shall include such matters relating to railroads as may be prescribed 
by law. The Legislatuie shall pass laws enforcing by suitable penalties the 
provisions of this section. 

Sec. 4. The rolling stock and all other movable property belonging to 
any railroad company or corporation in this State shall be considered per- 
sonal property, and its real and personal i)roperty, or any part thereof, shall 
be liable to execution and sale in the same manner as the property of indi- 
viduals ; and the Legislature shall pass no laws exempting any such prop- 
erty from execution and sale. 

Sec. 5. No railroad or other corporation, or the lessees, purchasers, or 
managers of any railroad corporation, shall consolidate the stock, property, 
or franchises of such corporation with, or lease or purchase the works or 
franchises of, or in any way control any railroad corporation owning or 
having under its control a parallel or competing line ; nor shall any officer 
of such railroad corporation act as an officer of any other railroad corpora- 
tion owning or having the control of a parallel or competing line. 



226 CONSTITUTION OF THE 

Sec. 6. No railroad company orjj^anized under the laws of this State shall 
consolidate by private or judicial sale or otherwise with any railroad com- 
pany organized under the laws of any other State or of the United States. 

Sec. 7. No law shall be passed by the Legislature grantini^ the right to 
construct and operate a street railroad within any city, town, or village, or 
upon any public highway, without first acquiring the consent of the local 
authorities having control of the street or highway proposed to be occu- 
pied by such street railroad. 

Sec. 8. No railroad corporation in existence at the time of the adoption 
of this Constitution shall have the benefit of any future legislation, except 
on condition of complete acceptance of all the provisions of this Constitu- 
tion applicable to railroads. 

Sec. 9. No railroad hereafter constructed in this State shall pass within a 
distance of three miles of any count}' seat without passing through the 
same, and establishing and maintaining a depot therein, unless prevented 
by natural obstacles, such as stieams, hills, or mountains; provided, such 
town or its citizens shall grant the right of way through its limits, and suf- 
•jcient ground for ordinary depot purposes. 



ARTICLE XL 

municipal corporations. 

Section 1. The several counties of this State are hereby recognized aa 
legal subdivisions of the State. 

Sec. 2. The construction of jails, court-houses, and bridges, and the es- 
tablishment of county poor-houses and farms, and the laying out, construc- 
tion, and repairing of county roads shall be provided for by general laws. 

Sec. 3. No county, city, or other municipal corporation shall hereafter be- 
come a subscriber to the capital of any private corporation or association, 
or make any appropriation or donation to the same, or in anywise loan its 
credit: but this shall not be construed to in any way affect any obligation 
heretofore undertaken pursuant to law. 

Sec. 4. Cities and towns having a population of ten thousand inhabitants 
or less, may be chartered alone by general law. They may levy, assess, 
and collect an annual tax to defray the current expenses of their local gov- 
ernment, but such tax sliall never exceed, for any one year, one-fourth of 
one per cent., and shall be collectable only in current money. And all 
license and occupation tax levied, and all fines, forfeitures, penalties, and 
other dues accruing to cities and towns shall be collectable only in current 
money. 



i 



STATE OF TEXAS. 227 



Sec. 5. Cities having more than ten thousand inhabitants may have theil 
cliarters granted or amended by special act of the Legislature, and may 
levy, assess, and collect such taxes as may be authorized by law, but no 
tax for any purpose shall ever be lawful, for any one year, which shall ex- 
ceed two and one-half per cent, of the taxable property of such city ; and 
no debt shall ever be created by any city, unless at the same time provision 
be made to assess and collect annually a sufficient sum to pay the intere&t 
thereon and create a sinking fund of at least two per -cent, thereon. 

Sec, 6. Counties, cities, and towns are authorized, in such mode as may 
now or may hereafter be provided by law, to levy, assess, and collect the 
taxes necessary to pay the interest and provide a sinking fund to satisfy 
any indebtedness heretofore legally made and undertaken ; but all such 
taxes shall be assessed and collected separately from that levied, assessed, 
and collected for current expenses of municipal government, and shall 
when levied specify in the act of levying the purpose therefor ; and such 
taxes may be paid in the coupons, bonds, or other indebtedness for the pay- 
ment of which such tax may have been levied. 

Sec. 7. All counties and cities bordering on the coast of the Gulf of 
Mexico are hereby authorized, upon a vote of two-thirds of the taxpayers 
therein (to be ascertained as may be provided by law) to levy and collect 
such tax for construction of sea walls, breakwaters or sanitary purposes, 
as may be authorized by law, and may create a debt for such works and 
issue bonds in evidence thereof. But no debt for any purpose shall ever be 
incurred in any manner by any city or county, unless provision is made at 
the time of creating the same, for levying and collecting a sufficient tax to 
pay the interest thereon and provide at least two percent, as a sinking 
fund ; and the condemnation of the right of way for the erection of such 
works shall be fully provided for. 

Sec. 8. The counties and cities on the Gulf coast being subject to ca- 
lamitous overflows, and a very large proportion of the general revenue 
being derived from those otherwise prosperous localities, the Legislature la 
especially authorized to aid by donation of such portion of the public do- 
main as may be deemed proper, and in such mode as may be provided by 
law, the construction of sea walls, or breakwaters, such aid to be propor- 
tioned to the extent and value of the works constructed, or to be con- 
structed, in any locality. 

Sec. 9. The property of counties, cities, and towns owned and held only 
for public purposes, such as public buildings and the sites therefor, fire 
engines and the furniture thereof, and all property used or intended for 
extinguishing fires, public grounds, and all other property devoted exclu- 
sively to the use and benefit of the public, shall be exempt from forced sale 
auu from taxation ; provided, nothing herein shall prevent the enforcement 



228 CONSTITUTION OF THE 

oi the vendor's lien, the mechanic's or builder's lieu, or other liens now 
existing. 

Sec. 10. The Legislature may constitute any city or town a separate and 
independent school district. And when the citizens of any city or town 
have a charter, authorizing the city authorities to levy and collect a tax for 
the support and maintenance of a public institution of learning, such tax 
may hereafter be levied and collected, if, at any election held for that pur- 
pose, two-thirds of the taxpayers of such city or town shall vote for such 
tax. 

ARTICLE Xa. 

PRIVATE CORPOHATIONS. 

Section 1. No private corporations shall be created except by general 
laws. 

Sec. 2. General laws shall be enacted providing for the creation of pri* 
vate corporations, and shall therein provide fully for the adequate protec- 
tion of the public and of the individual stockholders. 

Sec. 3. The right to authorize and regulate freights, tolls, wharfage, or 
fares levied and collected or proposed to be levied and collected by indi- 
viduals, companies, or corporations, for the use of highways, landings, 
■wharves, bridges, and ferries, devoted to public use, has never been and 
shall never be relinquished or abandoned by the State, but shall always be 
under legislative control and depend upon legislative authority. 

Sec. 4. The first Legislature assembled after the adoption of this Consti- 
tution shall provide a mode of procedure by the Attorney-General and 
District or County Attorneys, in the name and behalf of the State, to pre- 
vent and punish the demanding and receiving or collection of any and all 
charges as freight, wharfage, fares, or tolls, for the use of property de- 
voted to the public, unless the same shall have been specially authorized 
by law. 

Sec. 5. All laws granting the right to demand and collect freights, farce, 
tolls, or wharfage shall at all times be subject to amendment, modification, 
or repeal by the Legislature. 

Sec. 6. No corporation shall issue stock or bonds except for money paid, 
labor done, or property actually received, and all fictitious increase of stock 
or indebtedness shall be void. 

Sec. 7. Notliing in this Article shall be construed to divest or affect 
rights guaranteed by any existing grant or statute of this State, or of the 
tiepublic of Texas. 



STATE OF TEXAS. 229 



ARTICLE XIII. 

SPANISH AND MEXICAN LAND TITLES. 

Section 1. All fines, penalties, forfeitures, and escheats, which have here- 
tofore accrued to the Republic and State of Texas, under their constitutions 
and laws, shall accrue to the State under this Constitution; and the Legis- 
lature shall provide a method for determinini!^ what lands have been for- 
feited, and for }>"iving effect to escheats ; and all sucli riglits of forfeiture 
and escheats to the State shall, ipso facto, inure to the protection of the in- 
nocent holders of junior titles, as provided in Sections 2, 3, and 4 of thia 
Article. 

Sec. 2. Any claim of title or right to land in Texas, issued prior to the 
loth day of November, 1835, not duly recorded in the county where the 
land was situated at the time of such recoi-d, or not duly archived in the 
General Land Office, or not in the actual possession of the grantee thereof, 
or some person claiming under him, prior to the accruing of junior title 
thereto from the sovereignty of the soil, under circumstances reasonably 
calculated to give notice to said junior grantee, has never had, and shall 
not have, standing or effect against such junior title, or color of title, ac- 
quired without such or actual notice of such prior claim of title or right ; 
and no condition annexed to such grants, not archived, or recorded, or oc- 
cupied as aforesaid, has been, or ever shall be released or waived, but actual 
performance of all such conditions shall be proved by the person or persons 
claiming under such title or claim of right in order to maintain action 
thereon, and the holder of such junior title, or color of title, shall have all 
the rights of the Government which have heretofore existed, or now exist, 
arising from the non-performance of all such conditions. 

Sec. 3. Non-payment of taxes on any claim of title to land, dated prior 
to the 13th day of November, 1835, not recorded or archived, as provided 
In Section 2, by the person or persons so claiming, or those under whom he 
or they so claim, from that date up to the date of the adoption of this Con- 
stitution, shall be held to be a presumption that the right thereto has re- 
verted to the State, and that said claim is a stnle demand, which presump- 
tion shall only be rebutted by payment of all taxes on said lands. State, 
ccunty, and city or town, to be assessed on the fair value of such lands by 
the Comptroller, and paid to him, without commutation or deduction for 
any part of the above period. 

Sec. 4. No claim of title or right to land, which issued prior to the 13th 
day of November, 1835, which has not been duly recorded in the county 
where the land was situated at the time of such record, or which has not 
been duly archived in the General Land Office, shall ever hereafter be de- 
posited in the General Land Office, or recorded in this State, or delineated 



230 COirSTlTUTION OF THE 



on the maps, or used as evidence in any of the courts of this State, and the 
same are stale chiiins ; but this shall not affect such rights or presumptions 
as arise from actual possession. By the words, "duly recorded," as used 
in Sections 2 and 4 of this Article, it is meant that such claim of title or 
rl<»ht to land shall have been recorded in the proper office, and that mere 
errors in the certificate of registration, or informality, not affecting the 
fairness and good faith of the holder thereof, with wliich the record was 
made, shall not be held to vitiate such record. 

Sec. 5. All claims, locations, surveys, grants, and titles, of any kind, 
which are declared null and void by the Constitution of the Republic or 
State of Texas, are, and the same shall remain forever, null and void. 

Sec. 6. The Legislature shall pass stringent laws for the detection and 
conviction of all forgers of land titles, and may make such appropriations 
of money for that purpose as may be necessary. 

Sec. 7. Sections 2, 3, 4, and 5 of this Article shall not be so construed 
as to set aside or repeal any law or laws of the Republic or State of Texas, 
releasing the claimants of head rights of colonists of a league of land, or 
less, from compliance with the conditions on which their grants were 
made. 

ARTICLE XIV. 

PUBLIC LANDS AND LAND OFFICE. 

Section 1. There shall be one General Land Office in the State, which 
shall be at the seat of government, where all land titles which have emana- 
ted or may hereafter emanate from the State shall be registered, except 
those titles the registration of which may be prohibited by this Constitu- 
tion. It shall be the duty of the Legislature at the earliest practicable 
time to make the Land Office self-sustaining, and from time to time the 
Legislature may establish such subordinate offices as may be deemijd 
necessary. 

Sec 2. All unsatisfied genuine land certificates barred by Section 4, Arti- 
cle 10, of the Constitution of 1869, by reason of the holders or owners there- 
of failing to have them surveyed and returned to the Land Office by the 
first day of January, 1875, are hereby revived. All unsatisfied genuine land 
certificates now in existence shall be surveyed and returned to the General 
Land Office within five years after the adoption of this Constitution, or be 
forever barred; and all genuine land certificates hereafter issued by the 
State shall be surveyed and returned to the General Land Office within five 
years after issuance, or be forever barred ; provided^ that all genuine land 
certificates heretofore or hereafter issued shall be located, surveyed, or 
patented only upon vacant and unappropriated public domain, and not 
upon any land titled or equitably owned under color of title from the sover- 



STATE OF TEXAS. 231 



elgnty of the State, evidence of the appropriation of whicli is on the county 
records or in the General Land Office ; or when tlie appropriation is evi- 
denced by the occupation of the owner, or of some person holding for him. 

Sec. 3. The Legislature shall have no power to grant any of the lands of 
this State to any railway company except upon the following restriction* 
and conditions : 

First. — That there shall never be granted to any sucli corporation moio 
tlxan sixteen sections to the mile, and no reservation of any part of the 
public domain for the purpose of satisfying sucli grant shall ever be made. 

Second. — Tliat no land certificate shall be issued to such company until 
they have equipped, constructed, and in running order at least ten miles of 
road ; and on the failure of such company to comply with the terms of its 
charter, or to alienate its land at a period to be fixed by law, in no event to 
exceed twelve years from the issuance of the patent, all said land shall be 
forfeited to the State and become a portion of the public domain, and liable 
to location and- surve}'. The Legislature shall pass general laws onl}', to 
give effect to the provisions of this Section. 

Sec. 4. No certificate for laud shall be sold at the Land Office except to 
actual settlers upon the same, and in lots not to exceed one hundred and 
sixty acres. 

Sec. 5. All lands heretofore or hereafter granted to railway companies, 
where the charter or law of the State required or shall hereafter require 
their alienation within a certain period, on pain of forfeiture, or is silent on 
the subject of forfeiture, and which lands have not been or shall not here- 
after be alienated, in conformity with the terms of their charters, and the 
laws under which the grants were made, are hereby declared forfeited to 
the State and subject to pre-emption, location, and survey, as otlier vacant 
lands. All lands heretofore granted to said railroad companies, to which no 
forfeiture was attached on their failure to alienate, are not included in the 
foregoing clause ; but in all such last-named cases it shall be the duty ol the 
Attorney-General, in every instance where alienations have been or here- 
after maj" be made, to inquire into the same, and if such alienation has been 
made in fraud of the rights of the State, and is colorable only, the real and 
beneficial interest beinir still in such corporation, to institute legal proceed- 
ings in the county where the seat of government is situated, to forfeit such 
lands to the State, and if such alienation be judicially ascertained to bfl 
fraudulent and colorable as aforesaid, such lands shall be forfeited to the 
Slate and becon::e a part of the vacant public domain, liable to pre-emption, 
location, and survey. 

Sec. 6. To every head of a family without a homestead there shall be do- 
nated one hundred and sixty acres of public land, upon condition that he 
will select and locate said land, and occupy the same three years, and pay 



232 CONSTITUTION OF THE 

the office fees due thereon. To all single men of eighteen years of age and 
upwards shall be donated eighty acres of public land, upon the terms and 
conditions pre^fcribed for heads of families. 

Sec. 7. The State of Texas hereby releases to the owner or owners of the 
sc'ii all mines and minerals that may be on the same, subject to taxation as 
Ovher property. 

Sec. 8. Persons residing between the Nueces river and the Rio Grande, 
and owning grants for lands which emanated from the government of 
Sjiain, or that of Mexico, which grants have been recognized and validated 
by the State, by acts of tlie Legislature, approved February 10, 1853, August 
15, 1870, and other acts, and who have been prevented from complyingwith 
the requirements of said acts by the unsettled condition of the country, 
shall be allowed until the first day of January, 1880, to complete their sur- 
veys, and the plats thereof, and to return their field-notes to the General 
Land Office ; and all claimants failing to do so shall be forever barred ; pro- 
vided^ nothing in this section shall be so construed as to validate any titles 
not already valid, or to interfere with the rights of third persons. 

ARTICLE XV. 

IMPEACHMENT. 

Section 1. The power of impeachment shall be vested in the House of 

Representatives. 

Sec. 3. Impeachment of the Governor, Lieutenant-Governor, Attorney- 
General, Treasurer, Commissioner of the General Land Office, Comptroller, 
and the Judges of the Supreme Court, Court of Appeals, and District Court, 
shall be tried by the Senate. 

Sec. 3. When the Senate is sitting as a Court of Impeachment, the Sen- 
ators shall be on oath, or affirmation, impartially to try the party im- 
p<\ached, and no person shall he convicted without the concurrence of two- 
thirds of the Senators present. 

Sec. 4. Judgment in cases of impeachment shall extend only to removal 
liom office, and disqualification from holding any office of honor, trust, or 
profit, under this State. A party convicted on impeachment shall also ba 
subject to indictment, trial, and punishment, according to law. 

Sec. 5. All officers against whom articles of impeachment may be pre- 
ferred shall be suspended from the exercise of the duties of their office, 
during the pendency of such impeachment. The Governor may make a 
provisional appointment to fill the vacancy occasioned by the suspensioa 
of an officer, until the decision on the impeachment. 



STATE OF TEXAS. 233 



Sec. 6. Any Judge of the District Courts of the State who is incompetent 
to discharge the duties of his office, or who shall be guilty of partiality, or 
oppression, or other official misconduct, or whose habits and conduct are 
such as to render him unfit to hold such office, or who shall negligently fail 
to perform his duties as judge, or who shall fail to execute in a reasonable 
measure the business in his courts, may be removed by the Supreme Court. 
The Supreme Court shall have original jurisdiction to hear and determine the 
causes aforesaid when presented in writing upon the oaths, taken before some 
Judge of a Court of Record, of not less than ten lawyers, practising in the 
courts held by such judge, and licensed to practise in the Supreme Court; 
said presentment to be founded either upon the knowledge of the persona 
making it or upon the written oaths as to the facts of creditable witnesses. 
The Supreme Court may issue all needful process and prescribe all needful 
rules to give effect to tliis section. Causes of this kind shall have pre- 
cedence and be tried as soon as practicable. 

Sec. 7. The Legislature shall provide by law for the trial and removal 
from office of all officers of this State, the modes for which have not been 
provided in this Constitution. 

ADDKESS. 

Sec. 8. The Judges of the Supreme Court, Court of Appeals, and District 
Courts, shall be removed by the Governor on the address of two-thirds of 
each House of the Legislature, for wilful neglect of duty, incompetency, 
liabitnal drunkenness, oppression in office, or other reasonable cause wliich 
shall not be sufficient ground for impeachment ; provided, however, that the 
cause or causes for which such removal shall be required shall be stated at 
length in such address and entered on the journals of each House ; and pro- 
vided further, that the cause or causes shall be notified to the judge so in- 
tended to be removed, and he shall be admitted to a hearing in his own de- 
fence before any vote for such address shall pass ; and in all such cases, 
the vote shall be taken by yeas and nays, and entered on the journals oi 
each House respectively. 

ARTICLE XVI. 

general provisions. 

Section 1. Members of the Legislature, and all officers, before they enter 
upon the duties of their offices, shall take the following oath or affirmation ; 
•♦ I, ( ) do solemnly swear (or affirm), that I will faithfully and im- 
partially discharge and perform all the duties incumbent upon me as , 

according to the best of my skill and ability, agreeably to the Constitution 
and laws of the United States and of this State ; and I do further solemnly 
Bwear (or affirm), that since the adoption of the Constitution of this State, 
r beinir a citizen of this State, have not fought a duel with deadly weai)on8, 



234 CONSTITUTION OF THE 

■within this State nor out of it, nor have 1 sent or accepted a challenge to 
fight a duel with deadly weapons, nor have I acted as second in carry- 
ing a challenge, or aided, advised, or assisted any person thus offending. 
And I furthermore solemnly swear (or affirm), that I have not directly 
nor indirectly paid, offered, or promised to pay, contributed nor promised 
to contribute any money, or valuable tliinij,', or promised any public office 
or employment, as a reward for the giving or withholding a vote at the 
election at which I was elected (or if the office is one of appointment, to 
secure my appointment). So help me God." 

Sec. 2. Laws shall be made to exclude from office, serving on juries, and . 
from the right of suffrage, those who may have been or shall hereafter be 
convicted of bribery, perjury, forgery, or other high crimes. The privilege 
of free suffrage shall be protected by laws regulating elections, and pro- 
hibiting under adequate penalties all undue influence therein from power, 
bribery, tumult, or other improper practice. 

Sec. 3. The Legislature shall make provisions whereby persons convicted 
of misdemeanors and committed to the county jails in default of payment 
of fines and costs, shall be required to discharge such fines and costs by 
manual labor, under such regulations as may be prescribed by law. 

Sec. 4. Any citizen of this State who shall, after the adoption of this 
Constitution, fight a duel with deadly weapons, or send or accept a chal- 
lenge to fight a duel with deadly weapons, either within this State or out 
of it, or who shall act as second, or knowingly assist in any manner those 
thus offending, shall be deprived of the right of suffrage, or of holding any 
office of trust or profit under this State. 

Sec. 5. Every person shall be disqualified from holding any office of 
profit or trust in this State, who shall Iiave been convicted of having given 
or offered a bribe to procure his election or appointment. 

Sec. 6. No appropriation for private or individual purposes shall be made. 
A regular statement, under oath, and an account of the receipts and expen- 
ditures of all public money shall be published annually, in such manner an 
shall be prescribed by law. 

Sec. 7. The Legislature shall, in no case, have power to issue '* Treasui7 
Warrants," "Treasury Notes," or paper of any description intended to cir- 
culate as money. 

Sec. 8. Each county in the State may provide, in such manner as may be 
prescribed by law, a manual-labor poorhouse and farm, for taking care of, 
managing, employing, and supplying the wants of its indigent and poor in- 
habitants. 

Sec 9. Absence on business of the State, or of the United States, shall 



STATE OF TEXAS. 235 



not forfeit a residence once obtained, so as to deprive any one of the right 
of suffrage, or of being elected or appointed to any office, under the ex- 
ceptions contained in this Constitution. 

Sec. 10. The Legislature shall provide for deductions from the salanea 
of public officers who may neglect the performance of any duty tlat may 
bo assigned them by law. 

Sec. 11. The legal rate of interest shall not exceed eight per cent, per an- 
ILum, in the absence of any contract as to the rate of interest ; and by con- 
tract parties may agree upon any rate not to exceed twelve per cent, per 
annum. All interest charged above this last-named rate shall be deemed 
usurious, and the Legislature shall, at its first session, provide appropriate 
pains and penalties to prevent and punish usur}'. 

Sec. 13. No member of Congress, nor person holding or exercising any 
office of profit or trust under the United States, or either of them, or under 
any foreign power, shall be eligible as a member of the Legislature, or hold 
or exercise any office of profit or trust under tliis State. 

Sec. 13. It shall be the duty of the Legislature to pass such laws as may 
be necessaiy and proper to decide differences by arbitration, when the par- 
ties shall elect that method of trial. 

Sec. 14. All civil officers shall reside within the State ; and all district oi 
county officers within their districts or counties, and shall keep their offices 
at such places as may be required by law ; and failure to comply with this 
condition shall vacate the office so held. 

Sec. 15. All property, both real and personal, of the wife, owned or 
claimed by her before marriage, and that acquired afteivvard by gift, devise, 
or descent, shall be her separate property ; and laws shall be passed more 
clearly defining the rights of the wife, in relation as well to her separate 
property as that held in common with her husband. Laws shall also bp 
passed providing for the registration of the wife's separate property. 

Sec. 16. No corporate body shall hereafter be created, renewed, or ex- 
tended with banking or discounting privileges. 

Sec. 17. All officers within tliis State shall continue to perform the dutiei 
of their offices until their successors shall be duly qualified. 

Sec. 18. The rights of property and of action which have been acquired 
under the Constitution and laws of the Republic and State shall not be 
divested ; nor shall any rights or actions which have been divested, barred, 
or declared null and void by the Constitution of the Republic and State, be 
re-invested, renewed, or reinstated by this Constitution ; but the same shall 
remain precisely iu the situation in which they were before the adoption of 



236 CONSTITUTION OF THE 

this Constitution, unless otlierwise herein provided ; and provided further, 
that no cause of action heretofore barred shall be revived. 

Sec. 19. The Legislature shall prescribe by law the qualilication ot grand 
and petit jurors. 

Sec. 20. The Legislature shall, at its first session, enact a law whereby 
the qualified voters of any county, justice's precinct, town, or city, by a 
majority vote, from time to time, may determine whether the sale of intoxi- 
cating liquors shall be prohibited within the prescribed limits. 

Sec. 21. All stationery and printing, except proclamations and such print- 
ing as may be done at the Deaf and Dumb Asylum, paper, and fuel used in 
the legislative and other departments of the government, except the judi- 
cial department, shall be furnished, and the printing and binding of the 
laws, journals, and department reports, and all other printing and binding, 
and the repairing and furnishing the halls and rooms used for the meetings 
of the Legislature, and its committees, shall be performed under contract, 
to be given to the lowest responsible bidder, below such maximum price, 
and under such regulations as shall be presciibed by law. No member or 
officer of any department of the government shall be in any way interested 
in such contracts ; and all such contracts shall be subject to the approval 
of the Governor, Secretary of State, and Comptroller. 

Sec. 23. The Legislature shall have the power to pass such fence laws, 
applical)le to any subdivision of the State, or counties, as may be needed to 
meet the wants of the people. 

Sec. 23. The Legislature may pass laws for the regulation of live stock 
and the protection of stock raisers in the stock-raising portion of the State, 
and exempt from the operation of such laws other portions, sections, or 
counties ; and shall have power to pass general and special laws for the 
inspection of cattle, stock, and hides, and for the regulation of brands; 
provided, that any local law thus passed shall be submitted to the freehold- 
ers of the section to be affected thereby, and approved by them, before it 
shall go into effect. 

Sec. 24. The Legislature shall make provision for laying out and working 
public roads, for the building of bridges, and for utilizing fines, forfeitures, 
and convict labor to all these purposes. 

Sec. 25. That all drawbacks and rebatement of insurance, freight, trans- 
portation, carriage, wharfage, storage, compressing, baling, repairing, or 
for any other kind of labor or service, of or to any cotton, grain, or any 
other produce or article of commerce in this State, paid, or allowed, or con- 
tracted for to any common carrier, shipper, merchant, commission mer- 
chant, factor, agent, or middle-man of any kind, not the true and absolute 



STATE OF TEXAS. 237 



owner thereof, are forever prohibited, and it shall be the duty of the LegiS' 
lature to pass effective laws punishing- all persons in this State who pay, 
receive, or contract for or respecting*; the same. 

Sec. 26. Every person, corporation, or company that may cor.init a horai* 
cide, through wilful act, or omission, or t>"ross neglect, shall be re5i)0usibk, 
in exemplary damages, to the siuviving husband, widow, heirs of his orhef 
body, or such of them as there may be, without regard to any criminal j ro- 
ceediiig that may or may not be had in relation to the homicide. 

Sec. 27. In all elections to fill vacancies of oflSce in this State, it shall be 
to fill the unexpired term only. 

Sec. 28. No current wages for personal service shall ever be subject to 
garnishment. 

Sec. 29. The Legislature shall provide by law for defining and punishing 
barratry. 

Sec. 30. The duration of all offices not fixed by this Constitution shall 
never exceed two years. 

Sec. 31. The Legislature may pass laws prescribing the qualifications of 
practitioners of medicine in this State, and to punish persons for malprac- 
tice, but no preference shall ever be given by law to any schools of medi- 
cine. 

Sec. 32. The Legislature may provide by law for the establishment of a 
Board of Health and Vital Statistics, under such rules and regulations as it 
may deem pioper. 

Sec. 33. The accounting officers of this State shall neither draw nor pay 
a warrant upon the treasury in favor of any person for salary or compensa- 
tion as agent, officer, or appointee, who holds at the same time any other 
office or position of honor, trust, or profit under this State or the United 
States, except as prescribed in this Constitution. 

Sec. 34. Tlie Legislature shall pass laws authorizing the Governor to 
lease or sell to the government of tlie United States a sufficient quantity of 
the public domain of tlie State, necessar^-for the erection of forts, barracks, 
arsenals, and military stations, or camps, and for other needful militaiy 
purposes ; and the action of the Governor therein shall be subject to the 
approval of the Legislature. 

Sec. 35. The Legislature shall, at its first session, pass laws to protect 
laborers on public buildings, streets, roads, railroads, canals, and other 
Bimilar public works, against the failure of contractors and sub-contractors 
to pay their current wages when due, and to make the corporation, com- 
pany, or individual for whose benefit the work is done, responsible for thei< 
ultimate payment. 



238 CONSTITUTION OF THE 

Sec. 36. The Legislature shall, at its first session, provide for the pay. 
ment, or funding, as they may deem best, of the amounts found to be justly 
due to the teachers in the public schools, by the State, for service rendered 
prior to the tirst day of July, 1873, and for the payment by the school dis« 
tricts in the State of amounts justly due teachers of public schools by such 
district to January, 1876. 

Sec. 37. Mechanics, artisans, and material men, of every class, shall have 
a lien upon the buildings and articles made or repaired by them, for the 
value of their labor done thereon, or material furnished therefor; and the 
Legislature shall provide by law for the speedy and efficient enforcement of 
said liens. 

Sec. 38. The Legislature may, at such time as the public interest may 
require, provide for the office of Commissioner of Insurance, Statistics, and 
History, whose term of office, duties, and salai-y shall be prescribed by law. 

Sec. 39. The Legislature may, from time to time, make appropriations 
for preserving and perpetuating memorials of the history of Texas, by 
means of monuments, statues, paintings, and documents of historical value. 

Sec. 40. No person shall hold or exercise, at the same time, more than 
one civil office of emolument, except that of Justice of the Peace, County 
Commissioner, Notary Public, and Postmaster, unless otherwise specially 
provided herein. 

Sec. 41. Any person who shall, directly or indirectly, offer, give, or 
promise any money or thing of value, testimonial, privilege, or personal 
advantage, to any executive or judicial officer or member of the Legisla- 
ture, to influence him in the performance of any of his public or official 
duties, shall be guilty of bribery, and be punished in such manner as shall 
be provided by law. And any member of the Legislature, or executive or 
'udicial officer who shall solicit, demand, or receive, or consent to receive, 
directly or indirectly, for himself or for another, from any company, cor- 
poration, or person, any money, appointment, employment, testimonial, 
reward, thing of value or employment, or of personal advantage or prom- 
ise thereof, for his vote or official influence, or for withholding the same, 
or with any understanding, expressed or implied, that his vote or official 
action shall be in any way influenced thereby, or who shall solicit, demand, 
and receive any such money or other advantage, matter, or thing afdl'esaid 
for another, as the consideration of his vote or official influence, in consid- 
eration of the payment or promise of such money, advantage, matter, or 
thing to another, shall be held guilty of bribery, within the meaning of the 
Constitution, and shall incur the disabilities provided for said offences. 
With a forfeiture of the office they may hold, and such other additionai 
Dunishment as is or shall be provided by law. 



STATE OF TEXAS. 239 



Sec. 42. The Legislature may establish an Inebriate Asylum for the cure 
cf drunkenness and reform of inebriates. 

Sec. 43. No man or set of men shall ever be exempted, relieved, or dis- 
charged fiom the performance of any public duty or service imposed by 
general law, by any special law. Exemptions from the performance of 
■ucL public duty or service shall only be made by general law. 

Sec. 44. Tlie Legislature shall prescribe the duties and provide for the 
election by the qualified voters of each county in this State, of a County 
Treasurer and a County Surveyor, wlio shall have an office at the county seat, 
and hold their office for two years, and until their successors are qualified; 
and shall have such compensation as may be provided by law. 

Sec, 45. It shall be the duty of the Legislature to provide for collecting, 
arranging, and safely keeping such records, rolls, correspondence, and other 
documents, civil and military, relating to the history of Texas, as may be 
now in the possession of parties willing to confide them to the care and 
preservation of the State. 

Sec. 46. The Legislature shall provide by law for organizing and disciplin- 
ing the militia of the State, in such manner as they shall deem expedient, 
not incompatible with the Constitution and laws of the United States. 

Sec. 47. Any person who conscientiously scruples to bear arms shall not 
be compelled to do so, but shall pay an equivalent for personal service. 

Sec. 48. All laws and parts of laws now in force in the State of Texas, 
which are not repugnant to the Constitution of the United States, or to this 
Constitution, shall continue and remain in force as the laws of this State, 
until they expire by their own limitation or shall be amended or repealed by 
the Legislature. 

Sec. 49. The Legislature shall have power, and it shall be its duty, to 
protect by law from forced sale a certain portion of the personal property 
of all heads of families, and also of unmarried adults, male and female. 

Sec. 50. The homestead of a family shall be, and Is hereby protected from 
forced sale for the payment of all debts, except for the purchase-money 
thereof, or a part of such purchase-money, the taxes due thereon, or for 
vork and material used in constructing improvements thereon, and in this 
last case only when the work and material are contracted for in writing, 
with the consent of the wife, given in the same manner as is required in 
making a sale and conveyance of the liomestead ; nor shall the owner, if a 
married man, sell the homestead without the consent of the wife, given in 
such manner as may be prescribed by law. No mortgage, trust deed, oi 
other lien on the homestead shall ever be valid, except for the purchase- 
money therefor, or improvements made thereon, as hereinbefore provided. 



240 CONSTITUTION OF THE 

whether such mortgage, or trust deed, or other lien shall have been created 
by the husband alone, or together with his wife ; and all pretended sales ol 
the homestead involving any condition of defeasance shall be void. 

Sec. 51. The homestead, not in a town or city, shall consist of not 
more than two hundred acres of land, whicli may be in one or more parcels, 
with the improvements thereon ; the homestead in a city, town, or village 
shall consist of lot, or lots, not to exceed in value five thousand dollars, at 
the time of their designation as the homestead, without reference to the 
value of any improvements thereon ; provided^ that the same shall be used 
for the purpose of a home, or as a place to exercise the calling or business of 
the head of a family ; provided also, that any temporary renting of the home- 
stead shall not change the character of the same, when no other homestead 
has been acquired. 

Sec. 52. On the death of the husband or wife, or both, the homestead 
shall descend and vest in like manner as other real property of the deceased, 
and shall be governed by the same laws of descent and distribution, but it 
shall not be partitioned among the heirs of the deceased during the lifetime 
of the surviving husband or wife, or so long as the survivor may elect to 
use or occupy the same as a homestead, or so long as the guardian of the 
minor children of the deceased may be permitted, under the order of the 
proper court having the jurisdiction, to use and occupy the same. 

Sec. 53. That no inconvenience may arise from the adoption of this Con- 
stitution, it is declared that all process and writs of all kinds which have 
been or may be issued and not returned or executed when this Constitution 
is adopted, shall remain valid, and shall not be in any way affected by the 
adoption of this Constitution. 

Sec. 54. It shall be the duty of the Legislature to provide lor the custody 
and maintenance of indigent lunatics, at the expense of the State, under 
such regulations and restrictions as the Legislature may prescribe. 

Sec. 55. The Legislature may provide annual pensions, not to exceed one 
hundred and fifty dollars per annum, to surviving soldiers or volunteers, in 
the war between Texas and Mexico, from the commencement of the revo- 
lution in 1835, until the 1st of January, 1837; and also to the surviving 
signers of the Declaration of Independence of Texas ; and to the survivini; 
widows continuing unmarried of such soldiers and signers ; provided, that 
no such ])ension be granted except to those in indigent circumstances, 
proof of which shall be made before the County Court of the county where 
the appliciuit resides, in such manner as may be provided by law. 

Sec. 56. The Legislature shall have no power to appropriate any of the 
public money for the establishment and maintenance of a bureau of immi 
gration, or for any purpose of bringing immigrants to this State. 



STATE OF TEXAS. 241 



Sec. 57. Three millions acres of the public domain are hereby appropri- 
ated and set apart for the purpose of erecting a new State capitol and other 
necessary public buildings at the seat of Government, said lands to be sold 
under the direction of the Legislature ; and the Legislature shall pass suit- 
able laws to carry this section into effect. 

ARTICLE XVII. 

MODE OP AMENDING THE CONSTITUTION OF THIS STATE. 

Section 1. The Legislature, at any biennial session, by a vote of two- 
thirds of all the members elected to eacb House, to be entered by yeas and 
nays on the journals, may propose amendments to the Constitution, to be 
voted upon by the qualified electors for members of the Legislature, which 
proposed amendments shall be duly published once a week for four weeks, 
commencing at least three months before an election, the time of which 
Bhall be specified by the Legislature, in one weekly newspaper of each 
county, in which such a newspaper may be published ; and it shall be the 
duty of the several returning oflScers of said election to open a poll for, and 
make returns to the Secretary of State, of the number of legal votes cast at 
said election for and against said amendments ; and if more than one be 
proposed, then the number of votes cast for and against each of them ; and 
if it shall appear from said return that a majority of the votes cast have 
been cast in favor of any amendment, the said amendment so receiving a 
majority of the votes cast shall become a part of this Constitution, and 
proclamation shall be made by the Governor thereof. 



Done by the delegates of the people of Texas, in Convention assembled, 
In the city of Austin, on this the twenty-fourth day of November, in th« 
j-ear ot our Lord one thousand eight hundred and seventy-five. 
In testimony whereof we hereunto subscribe our names : 

Edward B. Pickett, 
President of the Convention. 
JiBiGH Chaxmers, 

Secretary of the CouventioiL 



AMENDMENTS 



CONSTITUTION OF THE STATE OF TEXAS. 

Proposed hy the Legislature of tJie State convened at Austin, January 

9, 1883, and ratified by the 'people, August 14, 1883, pursuant 

to the ISth Article of the Constitution. 



ARTICLE V. 

ADDITIONAL. SECTION. 

Section 29. The county court shall hold at least four terms for both civil 
and criminal business annually, as may be provided by the Legislature, or 
by the commissioners' court of the county under authority of law, and such 
other terms each year as may be fixed by the commissioners' court ; pro- 
vided, the commissioners' court of any county having fixed the times and 
number of terms of the county court, shall not change the same again until 
the expiration of one year. Said court shall dispose of probate business 
either in term time or vacation, under such regulation as may be prescribed 
by law. Prosecutions may be commenced in said courts in such manner as 
is, or may be, provided by law, and a jury therein shall consist of six men. 
Until otherwise provided, the terms of the county court shall be held on 
the first Mondays in February, May, August and November, and may re- 
main in session three weeks. 

ARTICLE VIL 

SECTIONS 3, 4 AND 6 AMENDED SO AS TO KEAD AS FOLLOWS : 

Section 3. One-fourth of the revenue derived from the State occupation 
taxes, and a poll tax of one dollar on every male inhabitant of this State be- 



AMENDMENTS TO THE CONSTITUTION. 243 

tween the ages of twenty-one and sixty years, shall be set apart annually 
for the benefit of the public free schools, and, in addition thei-feto, there 
shall be levied and collected an annual ad valorem State tax of such an 
amount, not to exceed twenty cents on the one hundred dollars valuation, 
as, with the available school fund arising from all other sources, will be suf- 
ficient to maintain and support the public free schools of this State for a 
period of not less than six months in each year ; and the Legislature may 
also provide for the formation of school districts within all or any of the 
counties of this State, by general or special law, without the local notice 
required in other cases of special legislation, and may authorize an addi- 
tional annual ad valorem tax to be levied and collected within such school 
districts for the further maintenance of public free schools and the erection * 
of school buildings therein ; provided that two-thirds of the qualified prop- 
erty tax-paying voters of the district, voting at an election to be held for 
that purpose, shall vote such tax, not to exceed in any one year twenty 
cents on the one hundred dollars valuation of property subject to taxation 
in such district, but the limitation upon the amount of district tax herein 
authorized shall not apply to incorporated cities or towns constituting sep- 
arate and independent school districts. 

Sec. 4. The lands herein set apart to the public free school fund, shall 
be sold under such regulations, at such times, and on such terms as may 
be prescribed by law ; and the Legislature shall not have power to grant 
any relief to purchasers thereof. The Comptroller shall invest the pro- 
ceeds of such sales and of those heretofore made, as may be directed by the 
Board of Education herein provided for, in the bonds of the United States, 
the State of Texas, or counties in said State, or in such other securities, and 
under such restrictions as maybe prescribed by law ; and the State shall be 
responsible for all investments. 

Sec. 6. All lands heretofore, or hereafter granted to the several coun- 
ties of this State for educational purposes, are of right the property of said 
counties respectively, to which they were granted, and title thereto is vested 
in said counties, and no adverse possession or limitation shall ever be 
available against the title of any county. Each county may sell or dispose 
of its lands in whole or in part, in manner to be provided by the commis- 
sioners' court of the county. Actual settlers residing on said lands, shall 
be protected in the prior right of purchasing the same to the extent of their 
settlement, not to exceed one hundred and sixty acres, at the price fixed 
by said court, which price shall not include the value of existing improve- 
ments made thereon by such settlers. Said lands, and the proceeds thereof, 
when sold, shall be held by said counties alone as a trust for the benefit of 
public schools therein ; said proceeds to be invested in bonds of the United 



244 AMENDMENTS TO THE CONSTITUTION. 

States, the State of Texas, or counties in said State, or in such other secu- 
rities and under such restrictions as may be prescribed by law; and the 
counties shall be responsible for all investments ; the interest thereon, and 
other revenue, except the principal, shall be available fund. 

ARTICLE VIII. 

SECTION 9 AMENDED SO AS TO READ AS FOLLOWS: 

Section 9, The State tax on property, exclusive of the tax necessary to 
pay the public debt, and of the taxes provided for the benefit of public 
free schools, shall never exceed tliirty-five cents on the one hundred dollars 
valuation ; and no county, city or town shall levy more than twenty-five 
cents for city or county purposes; and not to exceed fifteen cents, for roads 
and bridges, on the one hundred dollars valuation, except for the payment 
of debts incurred prior to the adoption of this amendment, and for the erec- 
tion of public buildings, street, sewer and other permanent improvements, 
not to exceed twenty-five cents on the one hundred dollars valuation in any 
one year, and except as is in this Constitution otherwise provided. 



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LIBRARY OF CONGRESS 




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